In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Arizona Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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Undue Influence A will is only valid if it represents the genuine intentions of the testator. If it is proven that someone exerted undue influence over the testator, coercing them into making decisions against their true wishes, the will can be challenged.
You can contest a will by filing an objection with the court after receiving notice of probate. When contesting a will, you must state the grounds for your complaint, such as undue influence or forgery. Once you submit your objection, the court will likely schedule a formal hearing to consider it.
You are not legally obligated to file a Will in Arizona. While most states allow you to file your Will with the probate court before you die, it is not required in Arizona. However, we highly recommend that you make sure your Will meets the state requirements of validity.
Personal property includes things like cash, stocks, bonds, and jewelry. Some assets are not subject to probate in Arizona. These include things like life insurance policies with listed beneficiaries, retirement accounts with listed beneficiaries, and certain types of trusts.
Arizona's intestate succession laws dictate the distribution of a person's estate assets if they die without a valid will. The intestacy laws state that the decedent's spouse and other heirs, as determined by state law, are entitled to inherit any portion of the estate not covered by the decedent's will.
There are grounds which, if proven, are typically considered sufficient to invalidate a will or a portion of a will. Those grounds include: The decedent lacked mental capacity when the will was made. There is fraud involved with the will or its creation.
What is undue influence? Undue influence refers to the situation where the testator was coerced or forced to make a will that is not reflective of their true intentions.
A trust contest must be commenced within 120 days after a trust beneficiary receives notice of their inheritance from the trust, usually in the form of a letter stating the trustee is providing notice of the trust administration.