Probate can be a stressful process for families dealing with the loss of a loved one. But when probate is contested, that stress can increase significantly — especially if you’re navigating it in Tucson, Arizona, where the laws and procedures can be complex. So, what exactly happens when someone contests a will or estate during probate, and what should you expect?
Understanding Probate in Arizona
Probate is the legal process through which a deceased person’s assets are distributed to heirs and creditors. This process can be either formal or informal, depending on the complexity of the estate. In Arizona, informal probate is more common, but it becomes formal when there’s a dispute — such as someone contesting the will.
What Does It Mean to Contest Probate?
A probate is contested when someone challenges the validity of the will, the appointment of a personal representative, or how the estate is being administered. Common reasons for contesting include:
- Lack of testamentary capacity (the person wasn’t of sound mind when the will was made)
- Undue influence (the person was pressured into changing their will)
- Fraud or forgery
- Improper execution (the will doesn’t meet Arizona’s legal requirements)
Who Can Contest a Will?
In Arizona, only interested parties can contest probate. This includes:
- Heirs
- Beneficiaries
- Creditors
- Anyone with a property right or claim against the estate
The Probate Contest Process in Tucson
When a will is contested, here’s what typically happens:
- Filing the Objection – An interested party files a formal objection with the Pima County Superior Court.
- Court Hearings Begin – The probate court sets hearings to examine the claim. Evidence, witnesses, and expert testimony may be required.
- Discovery Phase – Both sides gather documentation and evidence, similar to a civil lawsuit.
- Mediation or Trial – Many probate contests are resolved through mediation, but some go to trial.
- Final Judgment – The judge either upholds the will or rules in favor of the contestant, which could mean invalidating part or all of the will.
How Long Does a Contested Probate Take?
Unlike informal probate, which may wrap up in a few months, contested probate can take a year or more depending on the complexity of the case and court schedules.
Why It’s Important to Have Local Experts on Your Side
Contested probate cases are legally dense and emotionally charged. It’s crucial to have local professionals who understand both the legal landscape and the Tucson real estate market — especially if real property is involved.
Whether you’re inheriting a home or trying to navigate the sale of estate property, a trusted realtor can be your advocate through the process.
Need Real Estate Help During Probate in Tucson?
If you’re dealing with inherited property or managing estate assets during a probate case, contact Ryan Comstock — a seasoned Tucson realtor who knows the ins and outs of probate real estate.
📞 Call Ryan at (520) 261-4669
🌐 Visit: www.ryancomstock.com
Let Ryan guide you through the real estate side of probate with expertise and compassion.