7.16.2 Will Contests

• Jurisdiction: Arizona

Section 7.16.2 –Will Contests

An heir or devisee who wants to challenge a will should consider several issues, including timeliness of the challenge, grounds for the challenge, and whether the costs of the challenge will outweigh the benefits. If the will was informally probated and notice was properly given, the heir or devisee has only four months from receipt of the notice to commence a formal testacy proceeding to challenge the will. A.R.S. § 14-3306(B). Sufficient legal and factual bases to contest the will must exist, and the heir or devisee should consider whether sufficient evidence to satisfy the applicable standard of proof is available. The heir or devisee also should weigh the probable costs (both monetary and emotional) of the will contest against the potential benefits. In this regard, a...