Arizona Will Contest / Formal Testacy Petition Package

ARIZONA WILL CONTEST / FORMAL TESTACY PETITION PACKAGE

PART 1 — PRE-SUIT INVESTIGATION CHECKLIST

Client/Contestant: [________________________________]
Decedent: [________________________________]
Date of Death: [__/__/____]
County of Domicile at Death: [________________________________]
Date of Informal Probate (if any): [__/__/____]
Date Notice of Informal Probate Received: [__/__/____]
Superior Court — Probate Division (County): [________________________________]
Probate Case No.: [________________________________]
Contest Deadline: [__/__/____]

A. Standing Verification — "Interested Person" (A.R.S. § 14-1201(33))

☐ Heir at law (would inherit under § 14-2101 if intestate)
☐ Devisee under challenged will (with adverse interest)
☐ Devisee under prior will (revoked / disinherited)
☐ Spouse (community property, omitted spouse — § 14-2301)
☐ Child / omitted child (§ 14-2302)
☐ Creditor (limited standing)
☐ Fiduciary

B. Document & Records Collection

☐ Death certificate (certified)
☐ Challenged will / holographic instrument (certified copy)
☐ Statement of Informal Probate (if any)
☐ Notice of Informal Probate received by contestant
☐ Letters Testamentary
☐ Inventory and accountings
☐ Prior wills, codicils, drafts
☐ Decedent's medical records (5 years)
☐ Pharmacy / medication history
☐ Hospital, hospice, LTC records
☐ Adult Protective Services reports (A.R.S. § 46-455 vulnerable adult)
☐ Financial records (5 years)
☐ POA / financial agency documents (A.R.S. § 14-5501)
☐ Beneficiary designations
☐ Inter vivos transfers (deeds, joint accounts)
☐ Tax returns (5 years)
☐ Correspondence (email, text)
☐ Drafting attorney file
☐ Will-execution video / contemporaneous notes

C. Capacity Investigation — A.R.S. § 14-2501

Testator must, at execution:

☐ Be 18+ years
☐ Be of "sound mind"

Section 14-2501 requires the testator to be at least eighteen years old and of sound mind. Record the facts bearing on sound mind at the time the will was made: [________________________________].

Capacity Red Flags:

☐ Dementia (Alzheimer's, vascular, Lewy body)
☐ Stroke / TBI
☐ Hospitalization near execution
☐ Heavy medications
☐ Hospice / palliative
☐ Documented delirium
☐ Failed MMSE / MoCA
☐ Adult guardianship proceeding under A.R.S. § 14-5301

D. Undue Influence Investigation — In re Estate of Pitt 8-Factor Test

Arizona courts apply the eight Pitt factors (also confirmed in McCauley / Mullin v. Brown):

☐ 1. Whether the alleged influencer made fraudulent representations to the testator
☐ 2. Whether the will was hastily executed
☐ 3. Whether execution was concealed
☐ 4. Whether the person benefited by the will was active in securing its preparation/drafting
☐ 5. Whether the will as drawn was inconsistent with prior declarations of the testator
☐ 6. Whether the provisions of the will were unnatural, unjust, or unreasonable
☐ 7. Whether the testator was susceptible to undue influence
☐ 8. Whether the testator and the beneficiary were in a confidential relationship

If a confidential relationship exists AND beneficiary actively participated in procurement AND received undue benefit → presumption of undue influence arises; burden shifts to proponent.

E. Other Grounds

☐ Fraud — fraud in execution / fraud in inducement
☐ Duress
☐ Improper execution under A.R.S. § 14-2502 (witnesses) or § 14-2503 (holographic)
☐ Insane delusion
☐ Revocation (§ 14-2507; lost will under § 14-3415)
☐ Forgery
☐ Mistake
☐ Predatory marriage / financial exploitation

F. Experts

☐ Forensic psychiatrist / geriatric neuropsychologist
☐ Forensic document examiner
☐ Forensic accountant
☐ Medical chronologist

G. Pre-Suit Considerations

☐ Demand letter sent: [__/__/____]
☐ Mediation / settlement discussion
☐ Tolling agreement
☐ In terrorem clause — A.R.S. § 14-2517 (unenforceable if probable cause exists)
☐ Vulnerable adult financial exploitation claim (A.R.S. § 46-456) potentially joined

PART 2 — NOTICE OF INTENT TO CONTEST / PRE-PROBATE OBJECTION

ARIZONA SUPERIOR COURT, [COUNTY] COUNTY
PROBATE DIVISION

In re the Estate of [DECEDENT NAME], Deceased
Case No.: [________________________________]

DEMAND FOR NOTICE (A.R.S. § 14-3204)

TO THE COURT, ANY APPLICANT, AND THE PERSONAL REPRESENTATIVE:

The undersigned, [DEMANDANT NAME], an interested person in the estate of [DECEDENT NAME] as [relationship], hereby DEMANDS NOTICE under A.R.S. § 14-3204 of any order or filing pertaining to the decedent's estate, including but not limited to:

a. Applications or petitions for probate of any will of decedent;
b. Applications for informal or formal appointment of personal representative;
c. Filing of any will or codicil;
d. Petitions for formal testacy;
e. Any other orders or filings affecting decedent's estate.

The undersigned reserves all rights to contest any such proceedings.

Demandant's Interest: [________________________________]

Dated: [__/__/____]

____________________________________
[DEMANDANT NAME]
Address: [________________________________]

____________________________________
[ATTORNEY NAME], AZ Bar No. [____]
Attorney for Demandant

PART 3 — VERIFIED PETITION FOR FORMAL TESTACY / WRITTEN OBJECTIONS TO PROBATE (A.R.S. §§ 14-3402, 14-3404)

ARIZONA SUPERIOR COURT, [COUNTY] COUNTY
PROBATE DIVISION

Case No.: [________________________________]

PETITION FOR FORMAL TESTACY PROCEEDINGS AND WRITTEN OBJECTIONS TO PROBATE OF WILL (A.R.S. §§ 14-3402, 14-3404)

Petitioner [PETITIONER NAME], by counsel, petitions this Court pursuant to A.R.S. §§ 14-3401, 14-3402, and 14-3404 and alleges:

I. PARTIES, JURISDICTION, AND TIMELINESS

1. Petitioner [PETITIONER NAME] resides at [ADDRESS] and is an "interested person" within A.R.S. § 14-1201(33) as [heir at law, devisee, etc.].

2. Decedent [DECEDENT NAME] died on [__/__/____] domiciled in [COUNTY] County, Arizona.

3. [If informal probate occurred]: On [__/__/____], a Statement of Informal Probate was issued by the Registrar admitting to probate the writing dated [__/__/____] (the "Challenged Will") and appointing [RESPONDENT] as Personal Representative.

4. ☐ Petitioner received the information required by A.R.S. § 14-3306(B) on [__/__/____]. This Petition is filed within four (4) months thereafter. ☐ Petitioner did not receive that information; this contest is commenced within the later of 12 months after informal probate or two years after death under § 14-3108(3). Explain the dates: [____________].

5. This Court has jurisdiction under A.R.S. § 14-1302. Venue is proper under A.R.S. § 14-3201: ☐ this is the first estate proceeding, and Decedent was domiciled in this County at death (§ 14-3201(A)(1)); or ☐ the initial estate proceeding occurred in this County and has not been transferred (§ 14-3201(B)).

II. INTERESTED PERSONS

Petitioner identifies the following interested persons entitled to notice under A.R.S. § 14-3403:

III. FACTS COMMON TO ALL OBJECTIONS

6. The Challenged Will purports to leave [describe disposition], to the disadvantage of Petitioner.

7. Decedent previously executed a will dated [__/__/____] (the "Prior Will") under which Petitioner [describe interest].

8. At the time of execution of the Challenged Will, decedent was [age] and suffered from [diagnoses].

9. [PRIMARY BENEFICIARY] occupied a confidential relationship with decedent in that [factual basis].

10. [PRIMARY BENEFICIARY] actively participated in procurement of the Challenged Will, including [facts].

IV. OBJECTIONS TO PROBATE OF CHALLENGED WILL

Pursuant to A.R.S. § 14-3404, Petitioner states the following objections to probate of the Challenged Will:

Objection 1 — Lack of Testamentary Capacity (A.R.S. § 14-2501)

11. Decedent was not of sound mind when the Challenged Will was made, as required by A.R.S. § 14-2501. Supporting facts: [________________________________].

Objection 2 — Undue Influence (In re Estate of Pitt; Mullin v. Brown)

12. The Challenged Will is the product of undue influence by [BENEFICIARY] as evidenced by the Pitt factors: (1) fraudulent representations; (2) hasty execution; (3) concealment; (4) beneficiary's active procurement; (5) inconsistency with prior declarations; (6) unnatural disposition; (7) susceptibility of testator; (8) confidential relationship. A confidential relationship, active procurement, and undue benefit create a presumption of undue influence requiring rebuttal by [BENEFICIARY].

Objection 3 — Fraud

13. The Challenged Will was procured by fraud in [☐ execution ☐ inducement] in that [BENEFICIARY] made material misrepresentations to decedent with knowledge of falsity, with intent to induce reliance, upon which decedent justifiably relied to Petitioner's damage.

Objection 4 — Improper Execution (A.R.S. § 14-2502 / § 14-2503)

14. The Challenged Will fails to satisfy A.R.S. § 14-2502 (or § 14-2503 if holographic) in that [specify defect: not signed by testator; not signed by two witnesses; witnesses did not witness signing or acknowledgement; signature defective; not in testator's handwriting if holographic].

Objection 5 — Revocation (A.R.S. § 14-2507)

15. [If applicable: decedent revoked the Challenged Will by [physical act / subsequent instrument]; OR the Challenged Will was last in decedent's possession and cannot be located.]

Objection 6 — Duress / Mistake

16. The Challenged Will was procured by duress, or was the product of a material mistake, in that [facts].

V. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully prays this Court:

a. Set this matter for contested hearing pursuant to A.R.S. § 14-3406;

b. Enter an order declaring the Challenged Will dated [__/__/____] invalid and not the will of the decedent;

c. Revoke the Statement of Informal Probate and Letters Testamentary previously issued, and remove [RESPONDENT] as Personal Representative;

d. Appoint a Special Administrator under A.R.S. § 14-3614 pending resolution;

e. Admit to probate the Prior Will dated [__/__/____] in solemn form, OR declare decedent died intestate and adjudicate heirs under A.R.S. § 14-3409;

f. Order a full accounting of estate assets and impose constructive trust on property wrongfully diverted;

g. Award costs and reasonable attorneys' fees as the Court deems just (A.R.S. § 14-1105; § 12-341.01 if applicable); and

h. Grant such other and further relief as the Court deems proper.

Dated: [__/__/____]

____________________________________
[ATTORNEY NAME], AZ Bar No. [____]
[FIRM NAME]
Attorney for Petitioner
[ADDRESS]
[PHONE] | [EMAIL]

PART 4 — VERIFICATION

STATE OF ARIZONA
COUNTY OF [______________]

I, [PETITIONER NAME], being first duly sworn, depose and state under oath:

1. I am the Petitioner in the foregoing Petition for Formal Testacy Proceedings and Written Objections to Probate.

2. I have read the foregoing Petition and the factual allegations contained therein are true and correct to the best of my personal knowledge, information, and belief.

3. As to allegations made upon information and belief, I believe them to be true.

____________________________________
[PETITIONER NAME]

Subscribed and sworn to before me this [____] day of [______________], 20[__], by [PETITIONER NAME].

____________________________________
Notary Public
My Commission Expires: [__/__/____]

PART 5 — NOTICE OF HEARING / NOTICE TO INTERESTED PERSONS (A.R.S. § 14-3403)

ARIZONA SUPERIOR COURT, [COUNTY] COUNTY — PROBATE DIVISION
Case No.: [________________________________]

NOTICE OF HEARING ON PETITION FOR FORMAL TESTACY PROCEEDINGS (A.R.S. § 14-3403)

TO: All interested persons in the Estate of [DECEDENT NAME], deceased:

PLEASE TAKE NOTICE that a Petition for Formal Testacy Proceedings and Written Objections to Probate has been filed by [PETITIONER NAME] in the above-entitled Court, seeking the relief described therein.

HEARING: A hearing on the Petition will be held on:

Interested persons may file written responses or appear at the hearing. Failure to do so may result in entry of orders affecting your interest in the Estate.

A copy of the Petition is on file with the Clerk of the Superior Court. An interested person may file and serve a written objection or appear at the hearing. Under A.R.S. § 14-1401(A), the petitioner generally must give interested persons notice of the hearing at least fourteen days beforehand by mail or personal delivery; the court may order a different method or time for good cause under § 14-1401(B).

Dated: [__/__/____]

____________________________________
[ATTORNEY], AZ Bar No. [____]
Attorney for Petitioner

SERVICE:

☐ Personal service (Ariz. R. Civ. P. 4 / Ariz. R. Probate P. 8)
☐ Service by mail to interested persons at addresses on file
☐ Publication if person cannot be located (A.R.S. § 14-1401)

PART 6 — DISCOVERY PLAN

A. Probate Discovery Rules

Under Arizona Rules of Probate Procedure 17 / 18 and the Arizona Rules of Civil Procedure (incorporated where applicable), discovery in contested probate proceedings includes:

☐ Joint Pretrial Statement / Initial Disclosures
☐ Rule 26.1 disclosures
☐ Discovery cutoff: [__/__/____]
☐ Expert disclosures: [__/__/____]
☐ Trial date: [__/__/____]

B. Written Discovery

☐ Interrogatories (Rule 33; 40 max)
☐ Requests for Production (Rule 34)
☐ Requests for Admission (Rule 36)
☐ Subpoenas (Rule 45) to:
☐ Drafting attorney (entire file)
☐ Treating physicians / hospitals
☐ Banks / brokerages / accountants
☐ Care facilities
☐ Pharmacies

C. Depositions (Rule 30)

D. Expert Discovery

☐ Forensic psychiatrist (capacity)
☐ Geriatric neuropsychologist
☐ Document examiner (forgery)
☐ Forensic accountant (vulnerable adult exploitation)

E. ESI

☐ Email, text, voicemail
☐ Cloud storage / drafts
☐ Banking app records
☐ Social media

F. Privilege Issues

☐ Attorney-client privilege — identify communications with the drafting attorney and assess the civil privilege under A.R.S. § 12-2234(A), including whether any exception or waiver applies in this contest
☐ Physician-patient privilege — capacity placed at issue → waiver
☐ Marital privilege

G. Mediation

☐ Mediation scheduled by court order, if applicable: [____________]
☐ Private mediator selected: [________________________________]
☐ Mediation date: [__/__/____]

PART 7 — TRIAL-READY ELEMENTS & BURDEN OF PROOF (A.R.S. § 14-3407)

A. Statutory Burden Allocation — A.R.S. § 14-3407

A.R.S. § 14-3407 provides:

"In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will, if they are also petitioners, have the burden of establishing prima facie proof of death and venue."

For due execution, capacity, undue influence, fraud, duress, mistake, and revocation, identify the applicable burden and standard from the governing authority before trial; § 14-3407 does not allocate those burdens.

B. Capacity — A.R.S. § 14-2501

1. Age 18+;
2. Sound mind when making the will; record the supporting or contrary evidence: [________________________________].

C. Undue Influence — Pitt 8-Factor Test

1. Fraudulent representations to testator;
2. Hasty execution;
3. Concealment of execution;
4. Beneficiary's active procurement;
5. Inconsistency with prior declarations;
6. Unnatural/unjust/unreasonable provisions;
7. Susceptibility of testator;
8. Confidential relationship.

Presumption arises with (a) confidential relationship + (b) active procurement + (c) undue benefit → proponent must rebut.

D. Fraud — Elements

1. False representation (or concealment) of material fact;
2. Knowledge of falsity;
3. Intent to induce reliance;
4. Justifiable reliance by testator;
5. Damage / impact on testamentary disposition.

Clear and convincing evidence standard.

E. Improper Execution — A.R.S. § 14-2502 (Witnessed) or § 14-2503 (Holographic)

Witnessed Will (§ 14-2502):

1. In writing;
2. Signed by testator (or in testator's name by another at testator's direction and in testator's conscious presence);
3. Signed by at least two persons who within a reasonable time witnessed either the signing or the testator's acknowledgement.

Holographic Will (§ 14-2503):

1. Signature and material provisions in testator's handwriting;
2. No witnesses required.

F. Exhibit Checklist

☐ Challenged will (original + certified copy)
☐ Prior wills, codicils, drafts
☐ Scrivener file
☐ Medical chronology
☐ Medication chart
☐ Cognitive test results
☐ Expert reports
☐ Demonstratives — timeline, family tree
☐ Financial records / transfers
☐ Photos / video of decedent
☐ Witness depositions
☐ POA documents

G. Trial Considerations

☐ AZ — formal testacy hearings often non-jury before commissioner / judge; jury trial available on demand for legal/factual issues in superior court
☐ AZ Civil Pattern Jury Instructions (Probate)
☐ Special verdict on each ground

PART 8 — SETTLEMENT AGREEMENT

SETTLEMENT AGREEMENT AND MUTUAL RELEASE
In re the Estate of [DECEDENT NAME], Deceased
Superior Court of [COUNTY] County, Arizona — Probate Case No. [____________]

This Settlement Agreement is entered as of [__/__/____] among:

RECITALS

WHEREAS, [DECEDENT NAME] died on [__/__/____];

WHEREAS, the writing dated [__/__/____] was admitted to probate, and Petitioner filed a Formal Testacy Petition with Objections;

WHEREAS, the parties wish to resolve all disputes;

NOW, THEREFORE:

1. CONSIDERATION

a. Estate shall pay Petitioner $[____________] within [____] days of Court approval.
b. Bequests modified: [________________________________].
c. Real property at [ADDRESS] distributed to [________________________________].
d. Personal property: [________________________________].

2. COURT APPROVAL & DISMISSAL

a. An interested person may submit this written Agreement to the Court for approval under A.R.S. §§ 14-3951 and 14-3952. The parties shall request notice to all interested persons or their representatives and findings required by § 14-3952 before asking the Court to bind them to the compromise.
b. Petitioner shall withdraw the Petition / dismiss with prejudice.
c. The status of the Will and distribution of the Estate shall be as provided in the Court's approval order and this Agreement.

3. MUTUAL RELEASES

Each party releases all others from any and all claims related to the Estate, the Will, prior wills, inter vivos transfers, vulnerable adult claims under A.R.S. § 46-456, or any conduct prior to this Agreement, except obligations under this Agreement.

4. NON-DISPARAGEMENT & CONFIDENTIALITY

Settlement confidential; no disparagement of parties or decedent.

5. TAX MATTERS

Each party bears own tax consequences.

6. ATTORNEYS' FEES

[☐ Each bears own fees] [☐ Estate pays as follows: ____________]

7. NO ADMISSION

Compromise only; no admission of liability.

8. GOVERNING LAW

Arizona law governs. The Superior Court of [COUNTY] County, Probate Division, retains jurisdiction.

9. ENTIRE AGREEMENT / COUNTERPARTS

Entire agreement; counterparts permitted.

SIGNATURES:

____________________________________ Date: [__/__/____]
[PETITIONER NAME], Petitioner

____________________________________ Date: [__/__/____]
[RESPONDENT NAME], Personal Representative & Individually

____________________________________ Date: [__/__/____]
[ADDITIONAL PARTY]

Approved as to form:

____________________________________ Date: [__/__/____]
[Attorney for Petitioner], AZ Bar No. [____]

____________________________________ Date: [__/__/____]
[Attorney for Respondent], AZ Bar No. [____]

Acknowledgement (Arizona notary):

State of Arizona, County of [______________] — Acknowledged before me on [__/__/____] by [Names].

____________________________________
Notary Public
My Commission Expires: [__/__/____]

SOURCES AND REFERENCES

• A.R.S. Title 14 (Trusts, Estates and Protective Proceedings)
• A.R.S. § 14-3401 to § 14-3415 (Formal Testacy and Appointment Proceedings)
• A.R.S. §§ 14-3951 and 14-3952 (Court-approved compromises)
• A.R.S. § 14-2501 to § 14-2517 (Wills — Capacity, Execution, Revocation, No-Contest)
• A.R.S. § 14-3306 (Informal Probate Notice)
• A.R.S. § 14-3108 (Limitations)
• In re Estate of Pitt, 1 Ariz.App. 533 (1965)
• Mullin v. Brown, 210 Ariz. 545 (App. 2005)
• In re Estate of McCauley (AZ undue influence)
• Arizona Rules of Probate Procedure
• Arizona Rules of Civil Procedure

IMPORTANT NOTICE: This template is provided for informational purposes only and does not constitute legal advice. An heir or devisee who receives the information required by A.R.S. § 14-3306(B) generally has four (4) months from receipt to begin a formal testacy contest. Without that information, § 14-3108(3) permits a contest within the later of 12 months after informal probate or two years after death. Consult licensed Arizona counsel before filing.