{"id":1348,"date":"2019-04-11T19:56:09","date_gmt":"2019-04-11T19:56:09","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?p=1348"},"modified":"2022-08-31T22:54:00","modified_gmt":"2022-08-31T22:54:00","slug":"statute-limitations-wills","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/statute-limitations-wills\/","title":{"rendered":"Is There a Statute of Limitations on Wills?"},"content":{"rendered":"

Introduction<\/h2>\n

In the state of Arizona, wills, trusts, estates, and protective proceedings are governed by ARS Title 14<\/a>. Probate court and proceedings are also guided by the Uniform Probate Code<\/a>, which has been adopted by 18 states to update and simplify state probate law.<\/p>\n

There are several statutes of limitations and general time limits regarding wills and probate in Arizona, and each of them depends on the circumstances. Generally speaking, probate needs to be opened within two years of the decedent\u2019s death, and objections to the will should be submitted within the same two years. However, there are a number of exceptions and additional restrictions that can lower that time frame. Following is a brief discussion of how a will goes through the probate process, and where a statute of limitations may apply at each step in the process.<\/p>\n

Before Probate<\/h2>\n

If you are in possession of a will, you are legally responsible for submitting the will to the county probate court. While you have up to two years to open probate, most states require that you submit the will within 30 \u2013 120 days of the decedent\u2019s death. Failure to submit the will in a timely manner is not a criminal offense, but it does open the door for beneficiaries of the will to sue you for damages that were incurred as a result of withholding the will. On top of that, if the court finds that you deliberately concealed the will or refrained from filing it for financial gain, you may be subject to criminal charges.<\/p>\n

Once the will has been submitted to the county probate court, someone will need to file a petition<\/a> to open probate. The holder of the will usually takes care of this, but it can be filed by anyone who is an interested party to the estate. At this point, there are two primary reasons an interested party may contest the will: to contest the validity of the will itself, or to object to whomever is requesting to be the estate\u2019s executor (also known as the personal representative<\/a>). An interested party would need to prove one of the following to successfully contest the will:<\/p>\n