How to Contest a Will in Gilbert, AZ

For over two decades, the compassionate and knowledgeable attorneys at Walk-In Wills have helped people create solid estate plans. We also know that estate planning can come with quite a few obstacles, particularly if your loved ones aren’t happy with the decisions featured in your will.

In fact, some heirs will even question the validity of a will, which may result in the document being contested. Because will contests can cause major snags in the dispersal of assets to beneficiaries, we ensure that our clients fully understand the process, and know the best methods for avoiding possible conflicts.

Why Are Wills Contested?

Will contests can occur for a few distinct reasons, such as:

Missing Assets – If major assets like properties or financial accounts aren’t present within the will, heirs may question its validity.
Multiple Versions of the Will – Beneficiaries may question which version is the most recent when there are numerous iterations of a will.
Issues with Legal Requirements – Wills created in Gilbert, AZ must follow state laws, and failure to do so can render them invalid.
Questions About Mental Capacity – Wills must be created by a person of sound mind, which means cognitive deficits can prevent a person from drafting a document that’s legally binding.

While there are lots of valid reasons why a person may choose to contest a will, only certain individuals are permitted to carry out the process.

Who Has the Right to Contest a Will?

People named as beneficiaries within the will and those who would be eligible to inherit assets if no will was available are allowed to contest the document in court. In this case, the individual contesting the will could file a petition with the probate court handling the processing of the estate.

How Can You Prevent a Will Contest?

Proper creation of a will can protect you and your estate from future conflict. In this case, be sure to keep the following points in mind:

Make certain that the document adheres to pertinent state laws
Update the will after major life events (such as marriage and divorce)
Inform beneficiaries of where they can find the most recent version of your will
Sign the document in front of at least two witnesses to ensure its legally binding
Consider adding a no-contest clause to dissuade heirs from contesting the document

Also, speaking with loved ones about the decisions contained in your will can be highly beneficial. While they may not fully agree with you, providing an understanding of your decision-making process will prevent claims of mental incapacity or coercion by another party.

Frequently Asked Questions

1. What does it mean to contest a will, and when might someone consider it?

Contesting a will is when an heir or interested person formally questions whether a will truly reflects the deceased’s intentions or was legally valid. People might raise concerns if they believe the person who made the will lacked mental capacity, was pressured into signing it, or if the document doesn’t meet legal requirements. Walk-In Wills can help review your situation and explain whether there are valid grounds to take that step.

2. Who can challenge a will, and what sort of issues might they raise?

Generally, beneficiaries named in the will or those who would inherit under state law if the will were invalid may contest it. Typical concerns include claims that the signer was not of sound mind, was unduly influenced, or didn’t follow the proper signing and witnessing procedures. An attorney at Walk-In Wills can help you understand whether you have standing and what evidence might be needed.

3. How can Walk-In Wills help families minimize the risk of a will being contested later?

Creating a well-drafted will with clear language, following all Arizona legal formalities, and discussing your intentions with loved ones can reduce the chances of disputes after you’re gone. The team at Walk-In Wills also offers tools like trusts and advice on including appropriate clauses to make your estate plan stronger from the start.

4. When should I start contesting a will in Gilbert, and why gather evidence early?

Start within Arizona’s time limits post-death; call for a case review. Early action preserves your inheritance claim before deadlines expire.

5. Why provide documents upfront for probate, and when do you need them?

Submit death certificates and assets lists at the first meeting. This accelerates court filing, minimizing delays for heirs.

6. When can you step in as a personal representative, and why is the support key?

Step in anytime after an appointment if overwhelmed; guidance starts the same day. It ensures compliant handling, reducing personal liability.

Contact Our Attorneys Today for More Information

For residents of Tempe, Glendale, Phoenix, and the surrounding areas of Arizona, Walk-In Wills can help you develop an estate plan that provides immense peace of mind to you and your family members. We invite you to call (480) 470-7000 to schedule a no-obligation consultation or contact us to learn more.