Avoiding Probate Litigation: Practical Strategies for Families in Arizona

What are the most common causes of probate litigation?

Carly Whiteside explains that the leading cause of probate lawsuits is lack of information or disclosure. When family members are told that a will or trust exists but no one can produce it, speculation begins. People start to wonder what the documents say and who is included, which quickly fuels conflict. Whiteside notes that many of these disputes can be avoided by simply providing the necessary documentation upfront. A clear request or formal demand letter citing the legal requirement for disclosure often prevents matters from escalating to court.

Can families prevent future disputes while someone is still alive?

Whiteside says that while proactive planning is important, sharing copies of wills or trusts with family members is not advisable. If changes are later made, multiple versions may circulate, creating confusion and mistrust. For example, if a parent initially leaves assets equally to three children but later disinherits one, the outdated copy can spark accusations of manipulation. Instead, she recommends storing the original will or trust in a secure location at home and informing the named trustee or personal representative where it can be found.

She warns against keeping documents in a bank safe deposit box, since Arizona law requires a court order to access one after death. This can create a legal paradox where the court must appoint someone to retrieve a document that proves who should be appointed. Whiteside stresses that trusted individuals should know where the originals are kept and be expected to act honorably once the time comes.

Why is it risky to rely on partial or DIY estate planning?

According to Whiteside, partial planning often causes more harm than doing nothing. She urges people to work with a qualified estate-planning attorney rather than a document preparer. While non-attorneys may seem cost-effective, they cannot provide legal advice or ensure documents comply with Arizona law. Most of the trust and will disputes she litigates involve improperly drafted “doc-prep” documents. Whiteside advises clients to either complete their planning professionally or let Arizona’s statutory rules apply—anything in between invites confusion and conflict.

What common mistakes escalate probate disputes after someone passes away?

Whiteside identifies poor communication and missed deadlines as the primary problems once probate begins. Within 90 days of being appointed, a personal representative must provide beneficiaries with an inventory of the estate, detailing assets such as homes, accounts, or loans. When that deadline passes without explanation, distrust grows.

She recommends transparency—if certain accounts are delayed due to bank procedures or missing information, representatives should communicate that clearly. Silence only breeds suspicion. Whiteside also warns against rushing distributions before the 120-day creditor period expires, since hidden debts can surface later, including unpaid taxes or unknown credit accounts. Taking time to verify all liabilities ensures beneficiaries receive accurate and lawful distributions.

How should estate accounting be handled to maintain trust?

After the creditor period closes, the representative must complete a full accounting, documenting every transaction with source materials—bank statements, creditor claims, and receipts. Whiteside notes that providing only a spreadsheet of numbers without documentation invites challenges. Transparency backed by records helps prevent allegations of mishandling funds and builds confidence among beneficiaries.

When does mediation or alternative dispute resolution come into play?

Whiteside explains that mediation and alternative dispute resolution (ADR) are powerful tools once litigation has started. After the court issues a joint scheduling order, the parties can request to pause the case and pursue settlement discussions. Judges often encourage this approach to save time and resources. While Arizona probate litigation can stretch 18–24 months, most cases settle long before trial.

Whiteside shares that in her experience, only three cases have ever reached trial—the rest settled once clients realized that spending tens of thousands on attorney fees was not worth the fight. Settlement allows families to retain more of the estate and regain peace sooner.

Why do unrepresented parties complicate probate cases?

When one side is represented by counsel and the other is not, cases often become more expensive and time-consuming. Self-represented individuals may ignore deadlines, refuse to cooperate, or misunderstand court procedures, forcing the represented side to file motions to compel compliance. Whiteside notes that attorneys are held accountable to professional standards, while unrepresented parties may submit informal or irrelevant filings that bog down progress. Ironically, two represented sides usually reach resolution faster and at a lower total cost.

How do courts handle uncooperative or unrepresented individuals?

If someone repeatedly fails to participate or meet legal obligations, Whiteside and her team can file a motion to compel. The court may then intervene, educate the person about their responsibilities, and issue orders to move the matter forward. She observes that resistance often occurs when a person lives in estate property and benefits from delays. However, the court has mechanisms to ensure the process continues despite obstruction.

How do clients decide when to fight and when to settle?

Whiteside believes that part of her role as a counselor is to set realistic expectations. She and her colleagues explain what outcomes are legally achievable and which goals—often emotional ones—fall outside the court’s power. The most frequent disputes involve sentimental items such as family heirlooms or household goods. Spending thousands of dollars on litigation over an $800 sewing machine, she says, simply doesn’t make sense.

Her firm emphasizes honesty and practicality, advising clients against wasting resources on unwinnable issues. When a client insists on proceeding for the principle rather than the value, she ensures they fully understand the financial consequences before continuing.

How does honesty play a role in client relationships?

Whiteside acknowledges that it can be difficult to watch clients make emotional or costly choices, but she finds comfort in knowing her firm always provides honest, straightforward counsel. Rather than promising unrealistic outcomes to collect more fees, her team focuses on clarity and integrity. Clients working with Copper Ren Law can expect candid advice, transparent billing, and a commitment to helping them make informed decisions—even when the truth is hard to hear.

She concludes that while probate conflicts can be painful, open communication, proper legal guidance, and realistic expectations can prevent most disputes before they reach the courtroom.