Probate Litigation Attorney Mesa, AZ

Probate Litigation: Navigating a Litigated Probate or Trust Matter in Arizona

The loss of a loved one is never easy, and when probate litigation is involved, the emotional toll can be compounded by legal complexities and expense. Probate litigation arises when there are disputes or conflicts regarding the estate of a deceased person. At Copper Wren Law, we are experienced in handling probate litigation with both legal expertise and compassion.

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  • When my father in law passed away, last year, my husband and I had no idea where to start. To make things harder we live in Iowa, so getting things started was that much harder. We were given Copper Wren's information. I called and spoke with Carly. She gave me information … More on the probate process and then we had a consultation on Google Meet. We met in person once we were able to get to Mesa. The whole team made feel comfortable and we knew we had made the right choice. We were able to finish the rest of the process with phone calls and emails. When we did have questions, Carly was prompt with responding. Carly is very knowledgeable with the probate process. I would use Copper Wren for all my estate planning needs, if I lived in Arizona.
    Avatar ★★★★★ Aug 2024 Susan Poplawski

Understanding Probate Litigation

Probate litigation is a court-involved process where disputes concerning the administration of a decedent’s estate are resolved.

Whether the conflicts pertain to the validity of a will or trust, disagreements among heirs, or concerns about how the estate is being managed, probate litigation ensures that the estate is handled according to the law or legal documents the decedent executed prior to their passing.

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Probate Litigation is where estate related disputes are settled in court.
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What Common Reasons Cause Probate Litigation to Arise?

Probate litigation is often necessary in the following common scenarios:

  • Will or Trust Contests: When the validity of a will or trust is questioned, probate litigation may be needed to resolve issues. Such issues stem from allegations of fraud, undue influence, or lack of capacity.
  • Ambiguity or Absence of a Will or Trust: If a will or trust’s language is unclear or if neither a will or trust exists, disputes can arise over the interpretation of the decedent’s wishes or the distribution of assets. Litigation helps to clarify these matters as Arizona has statues governing the distribution of assets when no clear documentation exists.
  • Disputes Among Heirs or Beneficiaries: Disagreements between heirs or beneficiaries regarding asset distribution, management of the estate, or other issues can lead to litigation.
  • Personal Representative Misconduct: If the personal representative is accused of mismanaging the estate or acting improperly in conflict with their fiduciary duty, probate litigation may be initiated to remove the personal representative or hold them accountable for any misconduct.

The Process of Probate Litigation
in Arizona

The steps in probate litigation often mirror those of formal probate but are intensified by the legal disputes that must be resolved. Here’s an overview of what to expect:

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Step 1: Filing a Petition:

A party initiates probate litigation by filing a petition with the probate court. This petition may challenge the validity of the will or trust, seek the removal of the personal representative or acting trustee, or address other estate disputes.

Step 2: Court Hearings

The court holds hearings to address the issues raised in the petition. Parties involved may testify, present evidence, call witnesses, and make legal arguments. However, there are specific rules addressing what is allowed or “admissible” and what is not.

Step 3: Discovery and Evidence Gathering

Litigation often involves a discovery process where evidence is gathered, and depositions may be taken to support each party’s claims.

Step 4: Mediation or Settlement Negotiations

Before proceeding to trial, the parties may attempt to resolve their disputes through mediation or settlement negotiations. In most cases, the litigation concludes at this step as both sides are allowed to present their evidence and each side can gain insight into how trial will most likely proceed.

Step 5: Trial

If mediation or settlement negotiations fail and no resolution is reached, the case proceeds to trial. The court will hear all evidence and make rulings on the issues in dispute.

Step 6: Court Orders and Appeals

After the trial, the court issues its decisions, which may include rulings on the validity of the will or trust, distribution of assets, or removal of the personal representative/ acting trustee. If one party is dissatisfied, they may appeal the court’s decision.

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Client Testimonials

  • My brother had passed away and we needed a lawyer to help with his probate case. A coworker recommended Copper Wren Law group to me. From day one Carly was so kind and helpful. She helped guide me through … More the process and was always available when I had a question. She gave me regular updates on my case as it moved forward. I would highly recommend Copper Wren Law group to anyone that is looking for a good lawyer that is willing to work hard for them.
    Avatar ★★★★★ 9 months ago Lorie P
  • 10 stars..I needed help with an issue of my deceased husbsnds..Carly snd Elizabeth were so much help..in 1 day than other lawyers were in 6 yrs. I so highly recommend them..quick to act..and determined … More to have results for you..I so thank them for all they did..
    Avatar ★★★★★ 5 months ago gail
  • When my father in law passed away, last year, my husband and I had no idea where to start. To make things harder we live in Iowa, so getting things started was that much harder. We were given Copper Wren's … More information. I called and spoke with Carly. She gave me information on the probate process and then we had a consultation on Google Meet. We met in person once we were able to get to Mesa. The whole team made feel comfortable and we knew we had made the right choice. We were able to finish the rest of the process with phone calls and emails. When we did have questions, Carly was prompt with responding. Carly is very knowledgeable with the probate process. I would use Copper Wren for all my estate planning needs, if I lived in Arizona.
    Avatar ★★★★★ Aug 2024 Susan Poplawski

Why Choose Copper Wren Law for Probate Litigation in Arizona?

At Copper Wren Law, we understand the emotional and legal complexities that probate litigation can bring. Our experienced team is dedicated to providing personalized legal representation while ensuring that your interests are protected throughout the litigation process. Whether you’re contesting a will or trust, defending a personal representative or trustee, or involved in a dispute over estate administration, we will advocate for you with care and professionalism.

Facing probate litigation can be daunting and intimidating, but with Copper Wren Law by your side, you can navigate the process with confidence, knowing that your loved one’s estate will be managed in accordance with the law or their legally executed documents.

Let us be your guide you through probate litigation process.

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Frequently Asked Questions About Probate Litigation in Mesa, AZ

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Probate litigation involves legal disputes concerning the administration of a deceased person’s estate. It becomes necessary when conflicts arise over the validity of a will or trust, disputes among heirs or beneficiaries, or concerns about how the estate is being managed by the personal representative or trustee. Common issues center around will or trust contests, fraud allegations, or disputes over asset distribution.

The length of probate litigation depends on the complexity of the case, the number of disputes, and whether the case can be resolved through mediation or requires a full trial. On average, probate litigation can take several months to over a year, especially if multiple parties are involved or appeals are filed after the court’s ruling.

Yes, a will can be contested in Arizona. Common grounds for contesting a will include:

  • The decedent lacked mental capacity when the will was executed.
  • The will was executed under undue influence, fraud, or duress.
  • The will does not meet Arizona’s legal requirements (e.g., not properly signed or witnessed).The will does not meet Arizona’s legal requirements (e.g., not properly signed or witnessed).
  • There are concerns about forgery or tampering with the will.er probate is necessary, consult with a qualified Arizona estate attorney to avoid potential complications.

If a person dies without a will (known as “intestate”), their estate is distributed according to Arizona’s intestacy laws. This means that assets are passed to surviving family members in a specific order, typically starting with a spouse and biological children. Probate litigation can arise if there are disputes over the interpretation of these laws or disagreements amongst the heirs.

Yes, a personal representative (executor) can be removed if they are not fulfilling their duties, mismanaging the estate, or acting dishonestly. To remove a personal representative, a formal petition must be filed with the probate court, and evidence must be presented showing misconduct, conflict of interest, or failure to follow court orders.

Probate litigation does not have a set cost as there are many factors that contribute to the amount of fees associated. Such factors include:

  • Number of issues
  • Number of involved parties
  • Length of the matter
  • Ability to settle or negotiate

The Informal Probate Process in Arizona

The steps to initiate and complete informal probate in Arizona are designed to be as straightforward as possible:

Step 1: Filing an Application

The process begins with filing an application for informal probate with the probate registrar in the proper county. This application includes information about the decedent, the will (if one exists), and the proposed personal representative (executor).

Step 2: Submitting the Will

If there is a will, it must be submitted to the court along with the application. The probate registrar will review the will to ensure it meets all legal requirements.

Step 3: Appointment of Personal Representative

If the application is approved, the probate registrar will appoint a personal representative to administer the estate. This individual is responsible for managing the estate’s affairs, paying debts, and distributing assets according to the will.

Step 4: Notice to Heirs and Creditors

The personal representative must notify all heirs and beneficiaries of the probate proceedings. Additionally, creditors must be notified so they can present any claims against the estate.

Step 5: Inventory & Appraisal

The personal representative is required to inventory the estate’s assets and, if necessary, have them appraised. This inventory is filed with the court and provides a clear outline of the estate’s value.

Step 6: Settlement of Debts & Taxes

The personal representative pays any valid claims from creditors, as well as any necessary taxes. Once these obligations are met, the remaining assets can be distributed to the beneficiaries.

Step 7: Distribution of Assets

After settling debts and expenses, the personal representative distributes the remaining assets according to the terms of the will or, if there is no will, according to Arizona’s intestacy laws.

Step 8: Closing the Estate

Once all assets have been distributed and all duties fulfilled, the personal representative files a closing statement with the court, officially closing the estate.