When a loved one passes away, the will they leave behind may not always reflect what you believe were their true wishes. In these cases, Arizona law allows certain individuals to contest a will. If you live in Oro Valley and are considering this step, it’s important to understand the process and requirements. Here’s a simple, step-by-step guide to contesting a will in Oro Valley, Arizona.
Step 1: Confirm You Have Standing
Only certain people can legally contest a will. In Arizona, you must have standing, which typically includes:
- Beneficiaries listed in the will.
- Legal heirs who would inherit if no will existed.
- Creditors or individuals with a financial interest in the estate.
Step 2: Know the Legal Grounds
Being unhappy with the terms of a will is not enough. You must have one of the following legal reasons:
- Lack of capacity – The person who made the will wasn’t of sound mind at the time.
- Undue influence – Someone pressured or coerced them into signing the will.
- Fraud or forgery – The will was altered, forged, or signed under false circumstances.
- Failure to follow legal requirements – The will was not properly signed or witnessed under Arizona law.
Step 3: File a Petition in Probate Court
In Oro Valley, probate matters are handled through the Pima County probate court. To contest a will, you must file a petition that explains your grounds and requests court review.
Step 4: Gather Strong Evidence
Evidence is key to making your case. You may need:
- Medical records to show mental capacity issues.
- Witness testimony.
- Financial documents, letters, or emails.
- Expert testimony about handwriting or authenticity.
Step 5: Attend Court Hearings
After filing, the probate court will schedule hearings where both sides present evidence. This stage can be complex, so having a probate attorney is highly recommended.
Step 6: Consider Alternatives to Court
In some cases, mediation or settlement outside of court may resolve disputes faster, with less stress and expense.
Final Thoughts
Contesting a will in Oro Valley is a serious legal process that requires valid grounds, strong evidence, and proper legal representation. While challenging, it can protect your rights and ensure your loved one’s true wishes are respected.
If the probate process also involves managing or selling property, having a trusted Oro Valley real estate professional can make all the difference.
Contact Oro Valley Realtor Ryan Comstock
For reliable support in handling real estate matters during probate, reach out to:
Ryan Comstock – Realtor
📞 520-261-4669
🌐 www.ryancomstock.com