Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific situation, talk with a licensed Arizona probate attorney promptly.
Detailed answer — Deadlines and how contests work under Arizona law
Contesting a will in Arizona is time-sensitive. The exact deadline depends on how and when probate begins, whether you received formal notice, and the type of challenge you bring. Arizona handles will contests through its probate process found in the Arizona Revised Statutes, Title 14 (Probate). See: A.R.S. Title 14 — Probate.
Key points to understand:
- Two main windows to act: You can object before a court admits a will to probate (pre-admission objection). You can also file a separate contest after a will is admitted (post-admission contest). Courts treat these differently, and deadlines differ.
- If you receive formal notice of a probate petition: Arizona law requires notice to interested persons when someone files a petition to open probate or to admit a will. If you are served or properly notified, the notice will typically state the date of the admission hearing and the time you have to object. You must act before the court admits the will or within the time stated in the notice to preserve many objections. Missing that window can limit your options.
- Common practical deadline — act quickly: Many will-contest matters in Arizona must be started very soon after the personal representative files and the court gives notice. Practically speaking, you should expect only a short period (weeks to a few months) to file a meaningful contest once you learn of the probate proceeding. The exact period depends on the notice and the court’s scheduling.
- Grounds to contest: Typical legal grounds include lack of testamentary capacity, undue influence, fraud, improper execution, or that the document is not the decedent’s final valid will. Evidence and witnesses are critical, so early action preserves proof and testimony.
- Consequences of delay: If you miss the court’s deadlines, you may lose the right to contest the will, or the court may require a separate civil action that faces additional hurdles (such as inability to obtain relief once property has been distributed). Courts may allow late challenges only in narrow circumstances (for example, if you never received notice and only recently learned of the probate).
Because Arizona statutes and local court rules govern notice, timing, and procedure, a common first step is to ask the clerk for the probate file and any notices mailed to interested persons. That establishes when you were notified and which deadlines apply.
For the official statutory text and more detail, consult Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14. Specific probate procedures and notice requirements that affect timing are contained throughout that Title.
Practical steps if you think you should contest a will
- Confirm whether a probate petition has been filed. Contact the probate court in the county where the decedent lived or check court records.
- Get and preserve the probate petition, notice, filed will, and any mailing records. Note the dates on notices and court filings.
- Identify your legal grounds to contest (capacity, undue influence, improper signing, fraud, etc.).
- Talk to an Arizona probate attorney immediately. Many deadlines are short; an attorney can file timely objections or a formal contest, preserve evidence, and explain remedies.
- If you cannot retain counsel immediately, file a simple written objection or a request for more time with the probate court before any deadline expires. Courts are more likely to consider timely objections.
Helpful hints
- Act quickly. Even if you are unsure, prompt action preserves rights.
- Collect documents and witnesses now. Memories fade and documents get lost.
- Keep copies of all mail and notices from the court or personal representative.
- If you didn’t receive notice, tell the court immediately — you may have additional time to act depending on the situation.
- Ask whether the probate is supervised or unsupervised. Supervised probates typically require more filings that can affect how and when to contest a will.
- Don’t discuss the dispute publicly or on social media — avoid statements that could be used against your position.
- Get a free or low-cost consultation if you cannot afford an attorney; many Arizona firms offer initial consultations or limited-scope representation for probate disputes.
Because timing rules depend on the notice you receive and local court practice, speak with a licensed Arizona probate attorney immediately if you think you need to contest a will. Missing a deadline can end your ability to challenge the document.