Detailed Answer
When a decedent’s will is found to be improperly executed, the probate court will not give effect to the invalid document as a valid, controlling will. In Arizona, the consequences typically fall into one of these categories:
1) Estate treated as intestate (distributed by statute)
If the entire will is held invalid, the estate will be distributed according to Arizona’s intestacy rules rather than under the terms of the defective will. Intestacy rules determine who inherits (spouse, children, parents, siblings, etc.). For an overview of Arizona’s probate and estate laws, see Arizona Revised Statutes, Title 14: Estates and Trusts: https://www.azleg.gov/arsDetail/?title=14
2) Partial invalidity or severability
If only part of the document fails the required formalities, the court may give effect to the portions that are valid and sever the invalid parts. Whether parts can be severed depends on how closely connected the invalid provisions are to the rest of the document and on the testator’s overall intent.
3) Court admission under equitable doctrines (possible exceptions)
Some states allow probate courts to admit a defective will if the proponent can show, by clear and convincing evidence, that the decedent intended the document to be his or her will despite technical defects. Arizona courts may consider evidence such as witness testimony, drafts, and other writings that show intent. A probate attorney can advise whether any such doctrines or equitable relief may apply in a particular case.
4) Reformation, incorporation, or admission of copies
If the original signed document is lost or was not properly signed, courts sometimes consider whether a copy, a later draft, or extrinsic evidence can be admitted. Reformation or correction is only available in limited circumstances and usually requires strong proof of the testator’s intent. Arizona probate procedures and local rules govern how such petitions are filed; for general probate information see the Arizona Judicial Branch probate resource: https://www.azcourts.gov/selfservice/Probate
Practical consequences you should expect
- Beneficiaries named in the invalid will may receive nothing if intestacy applies.
- Family members who would inherit under intestacy may receive assets instead of the individuals named in the defective will.
- Disputes can lead to contested probate litigation, slow administration, and increased costs for the estate.
What a personal representative or family member should do next
- Preserve all versions of the document and any drafts, notes, or electronic files that could show the decedent’s intent.
- Identify and contact potential witnesses who can attest to the decedent’s signing habits or statements of intent.
- Consult a probate attorney promptly to evaluate whether an equitable remedy, admission of a copy, or intestacy will apply, and to determine appropriate filings in the probate court.
Relevant Arizona law and resources
Arizona administers wills and estates under Title 14 of the Arizona Revised Statutes. For the statutes and specific statutory language governing wills, probate procedure, and intestacy, see: https://www.azleg.gov/arsDetail/?title=14. For practical probate forms and procedures, see the Arizona Judicial Branch probate pages: https://www.azcourts.gov/selfservice/Probate
Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Arizona probate attorney.
Helpful Hints
- Act quickly. Evidence and witness memories fade; prompt action helps preserve testimony and documents.
- Keep originals. Safeguard any original estate planning documents, drafts, notes, and electronic files (email, text, cloud storage).
- Collect witnesses. Find anyone who saw the decedent sign documents or who can testify about the decedent’s intent.
- Expect costs. Contested probate raises legal fees and court costs; estimate those early so beneficiaries understand potential expense.
- Consider mediation. Many probate disputes settle faster and cheaper through mediation than full litigation.
- Check small‑estate options. If the estate is small, Arizona offers simpler procedures that may avoid full probate—ask a probate attorney whether those apply.
- Consult a probate attorney. An Arizona-licensed probate lawyer can evaluate whether the will can be admitted despite defects, whether parts survive, or whether intestacy controls.