{"id":162,"date":"2019-03-22T08:40:52","date_gmt":"2019-03-22T15:40:52","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=162"},"modified":"2022-11-14T15:54:27","modified_gmt":"2022-11-14T22:54:27","slug":"will-contested-after-probate-granted","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/will-contested-after-probate-granted\/","title":{"rendered":"Can a Will Be Contested After Probate is Granted in Arizona?"},"content":{"rendered":"
When a county court issues a grant of probate, the court certifies two important facts: first, that the last will and testament submitted to the court is valid, and second, that the executor or administrator appointed in the grant has full legal authority to act as the estate\u2019s personal representative. This individual is usually nominated in the will, and will be tasked with carrying out most of the probate process, settling the decedent\u2019s outstanding debt, and ultimately dispersing any remaining assets to the heirs listed in the will.<\/p>\n
While issuing the grant of probate initially certifies the will\u2019s authenticity, interested parties may still challenge or protest the will after the grant is issued. Ultimately, that\u2019s the purpose of the probate process\u2014to ensure that by the time the estate is settled, all parties agree, and there is no foreseeable chance that an interested party will submit a will contest or claim once the estate is distributed. It\u2019s extremely difficult\u2014if not impossible\u2014to re-distribute the estate\u2019s assets after they have been transferred to the beneficiaries. Before the court finalizes the probate proceedings, they want to be sure that all matters are settled.<\/p>\n
In the state of Arizona, the length of time an interested party has to challenge a will once probate has been granted is governed by the Uniform Probate Code<\/a>.\u00a0 This period, known as the \u201cstatute of limitations\u201d or the \u201climitations period,\u201d depends largely on whether the probate case is classified as \u201cformal\u201d or \u201cinformal<\/a>.\u201d<\/p>\n Most probate proceedings are informal. Informal probate occurs when there are initially no disputes regarding the authenticity of the will, its directions, or the individual nominated to serve as the estate\u2019s personal representative. Providing all interested parties remain in agreement and there are no further disputes, the personal representative is free to settle the estate without court supervision. This process can vary widely from case to case, but in Arizona, most informal probate cases can be resolved in four to six months.<\/p>\n If an interested party chooses to challenge the will, they are free to do so at any point during an informal probate process. The interested parties who are permitted to submit a will contest include the estate\u2019s creditors, beneficiaries, and any individuals who would have received an inheritance through the state\u2019s succession laws but were not included in the will. Interested parties will be formally notified when probate is opened, and will have until the conclusion of probate to submit any challenges. Once an interested party challenges the will, the case is reclassified as formal probate, and the court steps in to take a larger role in the process.<\/p>\n Formal probate is necessary when there are disputes regarding the will. During formal probate, a judge will supervise the process in part or in entirety depending on the complexity of the case. Interested parties will generally have between 30 \u2013 90 days to contest the will after the probate grant is issued, though this can vary as the judge can suspend the statute of limitations when the court needs additional time to process claims and contests.<\/p>\n Contesting a will isn\u2019t easy. Interested parties can\u2019t just challenge the will because they don\u2019t like the outcome. You are responsible for providing evidence and\/or witnesses to prove that the current will held by the court is invalid. There are four circumstances that can merit invalidating a will.<\/p>\n If the individual who wrote the will (known as the testator) created another will that was intended to replace the original, then the most recent version trumps the original document. The court will assess if the new will is properly signed, dated, and witnessed, at which point the original will shall be invalidated and thrown out.<\/p>\n On a similar note, if a will is not properly witnessed, the document can be invalidated. Most states require two official witnesses, and the witnesses should not be listed as beneficiaries in the will. If they are listed as beneficiaries, they may lose their inheritance in the will, and their portion will be allocated to the other beneficiaries. Some states also require the signatures be signed in the presence of a notary public.<\/p>\n Only adults possess the legal capacity to create a will. If a will was written by a minor under the age of 18, the document is invalid. The adult also needs to possess the mental capacity to write a will, otherwise known as testamentary capacity. Litigation that successfully challenges an adult\u2019s testamentary capacity typically argues that, at the time the will was drafted, the individual was senile, suffered from dementia or Alzheimer\u2019s, was mentally insane, or did not understand the consequences and implications of their last will and testament.<\/p>\n The will is considered fraudulent if the testator was deliberately misled into writing any provisions, and is considered a forgery if someone other than the testator signed the final document. If the testator was manipulated and lacked free will while drafting the will, the document will be invalidated as a result of undue influence.<\/p>\nInformal Probate<\/h4>\n
Formal Probate<\/h4>\n
Reasons for Challenging a Will After Probate<\/h4>\n
There is a Superseding or Alternate Version of the Will<\/h4>\n
There Aren\u2019t Enough Witnesses<\/h4>\n
The Testator Lacked Testamentary Capacity<\/h4>\n
Fraud, Forgery, or Undue Influence<\/h4>\n
The Will was Improperly Drafted or Signed<\/h4>\n