Not every probate goes smoothly, and not every probate can be resolved through informal proceedings. Will contests, executor misconduct, and other disputes can disrupt otherwise uneventful probate proceedings and lead to lawsuits. If you find yourself involved in probate litigation in Arizona, here is what you are likely to encounter.
1. The plaintiff files a complaint.
This is the first step to beginning any litigation, including probate litigation. A complaint informs the defendant(s) of the nature of the dispute.
2. The summons and complaint are served.
All defendants named in the complaint must be properly notified that there is litigation pending against them. This notification is typically delivered by a process server.
3. The defendant responds to the complaint.
There are several options for a response including an answer or a motion to dismiss.
4. The discovery process begins.
After the Answer is filed, the parties begin to gather and exchange evidence through methods such as disclosure statements, interrogatories (written questions), requests for production or admission, and depositions. The timing of various activities and the discovery process itself is governed by the Arizona Rules of Civil Procedure.
5. The parties attempt to resolve their dispute before trial.
After discovery is closed or even during discovery, the parties may participate in arbitration or mediation. Like a judge, an arbitrator will listen to the parties’ evidence and render a decision. A mediator, on the other hand, assists the parties in negotiating a compromise to which both sides can agree. These mechanisms can be helpful in avoiding the time, expense, and uncertainty of trial. If the case cannot be resolved through arbitration or mediation, then a dispositive motion such as a motion for summary judgment may be warranted.
6. Trial
The last step in probate litigation is trial. The parties present their evidence, and a judge or a jury decides who is right and what kind of award the litigants should receive.
Litigation is not an easy task. Success will require knowledge of the law and court rules, a good strategy, and experience. The right attorney can assist you with getting the best result possible in your case. If you determine that you need assistance with your probate dispute and would like to discuss your specific legal needs, please contact us to schedule a no-obligation consultation.
This article is offered for informational purposes only and is not intended as legal advice.