Frequently Asked Questions | The Williams Law Office

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Probate & Estate Litigation FAQ’s

What is probate, and when is it required in Arizona?

Probate is the legal process that validates a deceased person's will, settles their debts, and distributes their assets to the beneficiaries. Probate is generally required in Arizona when the value of the estate exceeds $75,000 or if real estate is involved.

How long does the probate process take in Arizona?

The duration of probate in Arizona can vary depending on the complexity of the estate, potential disputes, and court caseload. On average, the probate process typically lasts from six months to a year, but it can take longer in certain circumstances.

Can I contest a will or challenge the distribution of assets in Arizona?

Yes, it is possible to contest a will or challenge the distribution of assets in Arizona. Common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, or improper execution. It is advisable to consult with an estate litigation attorney to assess the validity of your claim and guide you through the legal process.

How are disputes regarding an estate handled in Arizona?

Disputes regarding an estate in Arizona can be resolved through negotiation, mediation, or, if necessary, litigation. It is recommended to consult with an experienced estate litigation attorney who can evaluate the circumstances, explore settlement options, and represent your interests in court if required.

What are the grounds for removing an executor or personal representative in Arizona?

Executors or personal representatives can be removed in Arizona if they are found to be incompetent, unfit, or engaging in fraudulent or negligent behavior. Grounds for removal may include mismanagement of assets, failure to fulfill fiduciary duties or conflicts of interest. A petition can be filed with the court to seek the removal of the executor or personal representative.

Are all estates subject to probate in Arizona?

No, not all estates are subject to probate in Arizona. Certain assets, such as those held in a living trust or assets with designated beneficiaries (e.g., life insurance policies, retirement accounts), can pass outside of probate. These assets will be distributed according to the beneficiary designations or terms of the trust.

What are the potential costs involved in estate litigation in Arizona?

The costs of estate litigation in Arizona can vary depending on the complexity and duration of the case. Costs may include attorney fees, court filing fees, expert witness fees, appraisal fees, and other associated expenses. It is advisable to consult with an attorney to discuss the potential costs involved in your specific situation.

Can I contest the appointment of a guardian or conservator in Arizona?

Yes, if you believe that the appointment of a guardian or conservator is not in the best interests of the incapacitated person, you can contest it. You should consult with an attorney experienced in guardianship and conservatorship matters to guide you through the legal process.

Can I challenge a trust in Arizona?

The statute of limitations for filing a lawsuit related to estate disputes in Arizona varies depending on the nature of the claim. It is essential to consult with an estate litigation attorney promptly to determine the applicable deadline for your specific case.

What happens if there is a dispute between beneficiaries of an estate in Arizona?

If beneficiaries of an estate in Arizona cannot agree on the distribution of assets or other matters, it may lead to estate litigation. Mediation or negotiation can be attempted to reach a resolution. If unsuccessful, the dispute may be resolved through court proceedings.

Can I dispute the validity of a power of attorney in Arizona?

Yes, you can dispute the validity of a power of attorney in Arizona if you believe it was executed under undue influence, fraud, or when the principal lacked the mental capacity to make decisions. Consulting with an attorney experienced in power of attorney disputes is recommended.

Probate & Estate Litigation FAQ’s

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