The Arizona probate process takes a minimum of six months to complete. Contesting a will can extend the process for a significant amount of time.
Arizona Law sets grounds
for contesting a Will:
- A Later Will. If the person who made the will made a later version, it takes precedence over the earlier one.
- Improper Execution. To be legal, a will must be created in accordance with law. It must be signed and witnessed for it to be valid.
- Undue Influence. If, when writing the will, the person was following the direction of another instead of their own judgment, a court might rule that will to be invalid.
- Incapacity. If the person writing the will was not of “sound mind”, that can be ruled invalid. Someone who was mentally ill or under the influence of alcohol or drugs is not considered to be of sound mind.
- Forgery. If any portion of the will is determined to be created by someone other than the estate owner.
Resolution of a contested Will
The court will get involved if anyone is legally contesting a will. The court can decide to negate the entire will, replace the challenged will with an earlier one, or can disallow just a portion of the will.
Your initial consultation concerning contesting a Will is free
If you’re the executor of a Will that is being challenged or if you are a possible beneficiary of a Will that is being challenged, you’ll want to seek out Arizona Probate Attorney Brian Utsey for help in determining what actions you should take.
Your one-hour initial consultation is free. Call Arizona probate attorney Brian Utsey. He’ll come to you to discuss your case. Call today at 480-538-5024.