Probate & Fiduciary Litigation
Disputes involving estates and trusts can be among the most emotional and complex types of litigation. At Giles Law, we represent fiduciaries, trustees, and beneficiaries in probate conflicts, ensuring rights are protected and duties are fulfilled.
Types of Probate Litigation
- Will contests
- Trust disputes
- Claims of breach of fiduciary duty
- Disputes among heirs and beneficiaries
- Asset mismanagement claims
- Challenges to accountings
We provide steady advocacy, balancing compassion for families with the litigation strength needed in court. Whether representing fiduciaries accused of wrongdoing or beneficiaries seeking fairness, we pursue resolutions that protect our clients’ interests.
Probate & Fiduciary Litigation FAQs
What is probate litigation?
Probate litigation involves legal disputes arising during the administration of a deceased person's estate or trust. Depending on the circumstances, these disputes may involve the validity of a will, disagreements among beneficiaries or heirs, allegations concerning the actions of a personal representative (sometimes called an executor) or trustee, contested accountings, creditor claims, or other issues requiring court intervention. In Arizona, probate litigation is generally handled through the Superior Court.
Can I contest a will in Arizona?
Yes, in appropriate circumstances. Arizona law permits interested persons to challenge the validity of a will on recognized legal grounds, which may include lack of testamentary capacity, undue influence, fraud, forgery, improper execution, or other grounds recognized by law. Not every disagreement regarding the terms of a will provides a legal basis to contest it. Because strict procedural requirements and filing deadlines may apply, anyone considering a will contest should seek legal advice promptly.
What is a breach of fiduciary duty in the probate context?
Personal representatives, trustees, and other fiduciaries are required to carry out their duties in accordance with Arizona law and, where applicable, the governing estate planning documents. A breach of fiduciary duty may occur when a fiduciary fails to fulfill those obligations. Depending on the circumstances, allegations may involve self-dealing, failure to account for assets, imprudent management, unauthorized distributions, conflicts of interest, or other conduct. Whether a breach has occurred depends on the specific facts, the governing documents, and applicable law.
What can a beneficiary do if they believe a trustee is mismanaging trust assets?
Beneficiaries who have concerns regarding the administration of a trust may have statutory and other legal rights under Arizona law, including the right to request information or accountings and, in appropriate circumstances, seek judicial relief. The remedies available depend on the governing trust documents, applicable law, and the facts of the matter. An attorney can evaluate the circumstances and explain the legal options that may be available.
How is probate litigation different from estate administration?
Estate administration generally refers to the legal process of gathering estate assets, paying valid debts and expenses, and distributing property according to the decedent's will or, if there is no valid will, Arizona law. Probate litigation involves disputed legal issues that require judicial determination. Many estates are administered without litigation, while others involve contested matters requiring court involvement.
How long does probate litigation typically take in Arizona?
Every probate dispute is different. The length of probate litigation depends on factors such as the complexity of the issues, the number of interested parties, the extent of discovery, the court's schedule, and whether the matter is resolved through settlement or judicial determination. Throughout the representation, Giles Law strives to provide clients with realistic expectations, regular communication, and practical guidance as the matter progresses.