Will Contest After Probate Distribution in Arizona Will contests are usually filed before a will is probated. In Arizona, the statutes permit a will contest after probate in certain situations, including fraud. What type of fraud is necessary to permit a post-probate will contest? In Re Cassidy’s Estate, 270 P.2d 1079 (Ariz. 1954) the Arizona […]

Fraud Resulting in Constructive Trust in Arizona Generally, a probate decree of distribution is a final ruling on all issues involved. However, if the decree is obtained by fraud, the court may impose a constructive trust. This means that the persons taking ownership hold in trust for the rightful owners. In Re Estate of Rose, […]

Appealing Court Orders in an Unsupervised Probate When Arizona adopted the Uniform Probate Code, probate procedure changed. The new law permits unsupervised probate proceedings in addition to supervised proceedings. In supervised proceedings, the court oversees the entire probate. In unsupervised proceedings, the personal representative only brings difficult questions to the court. In a supervised proceeding, […]