In Arizona how much time do you have to contest a will?
Full Question:
Answer:
Contesting a Last Will & Testament in Arizona is possible, for a number of different reasons. The Testator (person who made the Will) may have been legally incompetent, may have been the victim of Elder Abuse, may have been subjected to undue influence or duress, or the Will may be invalid for a number of other reasons. There are a number of Arizona statutes that relate to a Will contest, some of which are found in the probate statutes and some of which are found elsewhere in the Arizona Revised Statutes.
Someone who is considering whether to contest a Will should act as soon as possible. There are a number of different things that can be done, depending upon the relationship between the Testator and the person who wants to contest the Will, and depending upon when the person acts. There is an advantage to acting as soon as possible.
There is a limited amount of time set by state statute to challenge the validity of the will on one of these grounds. If the validity of a will is successfully contested, the probate court may:
Disallow only that part of the will that is successfully challenged
Admit an earlier valid will (if one was made) in its place
Determine that the decedent died intestate and distribute the assets according to the state's intestate succession laws, which are the legal default rules for estates without a will.
Please see the following section of the Arizona Revised Statutes:
14-3401. Formal testacy proceedings; nature; when commenced
A. A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 14-3402, subsection A in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 14-3402, subsection B for an order that the decedent died intestate.
B. A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may involve a request for appointment of a personal representative.
C. During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
D. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
