Will and Trust Disputes (Estate Litigation)
Estate litigation is a court case about a will, a trust, or how an estate or trust is being handled. Common concerns are whether the person had capacity, was pressured, or signed correctly. Each state sets its own strict time limits. Attorney Daniel R. Klein gives families a calm, clear review of their options.
In Colorado
A will that went through informal probate, the simpler process with no hearing, can be challenged until the later of 12 months after informal probate or 3 years after the death (C.R.S. 15-12-108).
In Arizona
For a will, it’s the later of 12 months after informal probate or 2 years after the death (A.R.S. 14-3108).
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
This page is general information about Colorado and Arizona law as of . It is not legal advice.
Who is this for?
- You think a parent’s will or trust doesn’t reflect what they really wanted.
- You worry someone pressured a loved one near the end of their life.
- You’re a personal representative or trustee, and a family member is challenging you.
- You’re concerned that a trustee or personal representative isn’t doing the job.
- You were left out of a will and want to know whether you have any rights.
What are common reasons to challenge a will or trust?
- Lack of capacity. Capacity is the ability to understand what you’re signing. To make a will, a person must be 18 or older and of sound mind (C.R.S. 15-11-501; A.R.S. 14-2501).
- Undue influence. Undue influence is when someone uses pressure or trust to replace a person’s wishes with their own.
- Improper signing. The will wasn’t signed or witnessed the way the law requires.
- Fraud or forgery. The document was faked or signed because of a lie.
- A fiduciary not doing the job. A fiduciary is someone who must act for others, like a trustee or personal representative. Problems include hiding information, mixing money, or long delays.
Does a dispute mean going to trial?
Not always. Some disputes end through talks or mediation. Mediation is a meeting where a neutral person helps both sides reach an agreement. Before you act, check whether the will or trust has a no-contest clause. That is a clause that tries to take a gift away from anyone who challenges the document. Ask us how it may apply to you.
How do we help with a dispute?
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Listen and review
Daniel R. Klein reads the documents and your timeline, and tells you honestly what he sees.
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Check the deadlines
This comes first, because some time limits are short.
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Explore your options
These may include a letter, a request for an accounting, mediation, or a court case.
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Represent you
If a court case is the right step, Daniel handles the filings and hearings.
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Keep you informed
You’ll know what’s happening and what each choice may cost.
How long do I have to challenge a will or trust in each state?
The time limits differ, and Arizona’s are shorter. Exceptions exist, so the right deadline depends on your facts.
Who may witness a will. In Colorado, a witness who inherits doesn’t make the will invalid (C.R.S. 15-11-505). In Arizona, for wills signed on or after October 1, 2019, a person who inherits, or their relative, may not witness unless the will is self-proved (A.R.S. 14-2505).
In Colorado
A will that went through informal probate, the simpler process with no hearing, can be challenged until the later of 12 months after informal probate or 3 years after the death (C.R.S. 15-12-108). A revocable trust, also called a living trust, can be contested only until the earlier of 3 years after the death or 120 days after the trustee’s notice (C.R.S. 15-5-604).
In Arizona
For a will, it’s the later of 12 months after informal probate or 2 years after the death (A.R.S. 14-3108). For a revocable trust, it’s the earlier of 1 year after the death or 4 months after notice (A.R.S. 14-10604).
What should I bring?
- Copies of the will, the trust, and any changes, including older versions if you have them.
- A timeline of key events, like illnesses, moves, and when documents were signed.
- Names of the people involved and how they’re related.
- Any notices or letters from the court, a trustee, or a personal representative.
- Notes about anything you saw or heard that worries you.
You can also print our what to bring checklist.
Please don’t email private documents, like account statements or medical records. We’ll tell you how to share them safely.
What does it cost?
You’ll get a written quote or fee agreement before any work begins. See how our fees work.
Questions people ask
Can I contest a will?
You may be able to if you have a legal interest, like being named in this will or an earlier one, or being an heir. You also need a legal reason, such as lack of capacity, undue influence, or improper signing. Feeling a will is unfair isn’t enough on its own. We’ll talk it through with you.
How long do I have to challenge a will or trust?
Often not long. For a will that went through informal probate, it’s the later of 12 months after informal probate or 3 years after the death in Colorado (C.R.S. 15-12-108), or 2 years in Arizona (A.R.S. 14-3108). Revocable trusts can have shorter limits, shown above. It helps to note the date you got any notice.
What does a will or trust dispute cost?
It depends on how far the dispute goes. Court cases are usually billed by the hour. Before you decide anything, we’ll explain the likely costs and your options, including mediation, which can cost less than a trial.
I’m the trustee, and someone is challenging me. What should I do?
Stay calm and keep doing the job carefully. Keep good records and answer reasonable requests for information. Don’t hand out property while a challenge is pending without advice. And talk to a lawyer before you reply in writing.
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