When a loved one passes away, the reading of their will can sometimes bring unexpected surprises. If you believe the will doesn’t reflect their true intentions, you may have the right to contest it. In Arizona, contesting a will is a serious legal matter that follows specific procedures. Here’s a step-by-step guide to help you understand how to contest a will in Tucson, Arizona.
Step 1: Understand Who Can Contest a Will
Not everyone has the legal right to challenge a will. In Arizona, you must have “standing” to contest it. This typically includes:
- Beneficiaries named in the will.
- Heirs who would inherit under Arizona law if there were no will.
- Creditors or others with a direct financial interest.
Step 2: Identify Valid Grounds for Contesting
Arizona law doesn’t allow someone to contest a will just because they are unhappy with the inheritance. You must have legal grounds such as:
- Lack of capacity – The person making the will did not have the mental ability to understand what they were doing.
- Undue influence – Someone pressured or manipulated the person into changing their will.
- Fraud or forgery – The will was altered, forged, or signed under false pretenses.
- Improper execution – The will did not meet Arizona’s legal requirements for signing and witnessing.
Step 3: File a Petition with the Court
To begin contesting, you must file a petition in probate court in Pima County (which covers Tucson). This document outlines your reasons for challenging the will and asks the court to review the case.
Step 4: Gather Evidence
Evidence is crucial in proving your case. This may include:
- Medical records showing the deceased’s mental state.
- Witness testimony.
- Emails, letters, or financial records.
- Expert testimony on handwriting or signatures.
Step 5: Prepare for Court Proceedings
The probate court will review your petition, and there may be hearings where both sides present their evidence. It’s important to work with an experienced probate attorney who understands Arizona law and can guide you through the process.
Step 6: Consider Alternatives
Contesting a will can be stressful, costly, and time-consuming. In some cases, mediation or settlement outside of court may provide a faster, less adversarial resolution.
Final Thoughts
Challenging a will in Tucson, Arizona, requires careful planning, legal expertise, and solid evidence. If you’re facing this situation, consulting with a probate attorney is the best way to protect your rights and navigate the process successfully.
And if the probate process involves selling or managing property, working with a trusted local real estate professional can make all the difference.
Contact Tucson Realtor Ryan Comstock
If you need expert guidance on buying or selling property during probate, reach out to:
Ryan Comstock – Realtor
📞 520-261-4669
🌐 www.ryancomstock.com