Probate doesn’t always unfold smoothly. For many Arizona families, grief collides with legal obligations, and long-buried conflicts can suddenly spill into court. That’s when probate disputes arise—fights over wills, trusts, or inheritances that can divide siblings, drain estates, and prolong closure.
Understanding the most frequent sources of conflict can help families prepare for what lies ahead. A probate dispute might begin with some simple questions: Was this will valid? And was the money managed correctly? But the answer often requires litigation, mediation, or both.
At Theut Scaringelli & Kupiszewski P.L.C., our attorneys have decades of experience navigating these conflicts. With one partner who served ten years on the Maricopa County Superior Court bench, and others who have litigated some of Arizona’s most complex probate cases, we know how to guide families through these storms. If you are facing conflict now, we can step in early to protect your rights and keep the process from spiraling out of control.
Why Are Probate Disputes Common?
When money, property, and grief intersect, conflict often follows. While each case is unique, Arizona probate courts see recurring patterns: contested wills, accusations of undue influence, siblings battling over guardianships, or trustees facing questions about their decisions. Below are the seven most common probate disputes our firm encounters.
1. Will Contests
The most common probate dispute involves challenges to a will’s validity. Under Arizona law, a will must be written, signed, and witnessed by two people. If the person making the will skipped those formalities, or if there are concerns about forgery, the will can be contested. Families may also argue that the person who signed lacked testamentary capacity when they made the will.
2. Undue Influence and Coercion
State law protects vulnerable adults from manipulation. When one heir pressures a parent to change their estate plan, often during a period of illness or decline, siblings may allege undue influence. These probate disputes require careful evidence: medical records, witness testimony, and financial records that reveal suspicious last-minute changes.
3. Breach of Fiduciary Duty
Executors, personal representatives, trustees, and conservators are fiduciaries. As such, they must act with loyalty and care. When they fail, by mismanaging assets, self-dealing, or refusing to account, beneficiaries may bring a probate dispute for breach of fiduciary duty.
4. Disputes over Conservatorships and Guardianships
When a person can no longer manage their affairs, families may turn to the court for guardianship or conservatorship. However, relatives may disagree on who should serve or whether intervention is necessary. Our firm has handled thousands of these cases, both contested and uncontested. In many instances, mediation for probate disputes helps families reach an agreement without dragging a loved one through extended litigation.
5. Trust Disputes
Arizona’s Uniform Trust Code sets clear rules for trustees. However, beneficiaries often disagree with how a trust is managed—whether investments are prudent, distributions are fair, or the trustee has conflicts of interest. A trust probate dispute may involve petitions to remove a trustee, compel an accounting, or recover assets someone misused. These cases can grow especially complex when significant property or business assets are at stake.
6. Financial Exploitation Claims
Arizona law allows actions against anyone who exploits a vulnerable adult financially. This statute is a powerful tool in probate litigation, particularly when someone accuses caregivers, neighbors, or even family members of siphoning assets. Because these cases often overlap with criminal investigations, families need an experienced attorney who understands how to coordinate with law enforcement while pursuing civil remedies.
7. Family Conflict over Beneficiary Designations
Sometimes the biggest probate disputes don’t involve wills or trusts at all. Instead, they arise from beneficiary designations on retirement accounts, life insurance policies, or payable-on-death bank accounts. If a loved one changed a designation late in life, or if it conflicts with the will, heirs may challenge its validity.
Mediation for Probate Disputes: A Path Toward Resolution
Not every probate fight ends in a trial. Courts often encourage mediation for probate disputes because it gives families more control and privacy. Mediation can preserve relationships, save money, and resolve cases faster than litigation. Our attorneys are skilled in both litigation and mediation. We know when to fight in court and when to guide families toward a negotiated solution.
Why Choose Theut Scaringelli & Kupiszewski, P.L.C. for Probate Dispute Resolution
Our firm exists to help families through the most difficult probate conflicts. We focus exclusively on probate, trust, estate, and guardianship matters in Arizona. Our attorneys appear daily before Maricopa County probate judges, bringing credibility and deep institutional knowledge.
For instance:
- Paul Theut has handled thousands of guardianship and conservatorship matters and received the Eleanor ter Horst Distinguished Service Award from the State Bar of Arizona;
- Jennifer Kupiszewski has decades of experience in elder law and disability rights, blending professional skill with lived personal experience caring for her own family; and
- Stephen Kupiszewski served ten years on the Maricopa County Superior Court bench, presiding over probate, family, and mental health cases.
All of our attorneys bring skill and compassion, and families tell us they finally sleep at night once our name is on the case, because they know they’re in capable hands.
Contact Us Today
If you’re facing a probate dispute, don’t wait until the situation escalates. Contact Theut Scaringelli & Kupiszewski P.L.C. today to speak with a skilled probate dispute attorney. We’ll explain your options and build a strategy tailored to your family. Drawing on decades of litigation and judicial service, we provide the guidance, advocacy, and foresight to resolve even the most complex probate disputes.
