Burden of Proof in Contested Probate

Who Must Prove What

In contested probate litigation, the burden of proof depends on what each party is asking the court to do. The person petitioning for intestacy carries one set of responsibilities. The person seeking to admit a will to probate carries another. A probate attorney can help each side understand what evidence they need to present.

The person claiming intestacy must prove heirship, meaning their relationship to the deceased person. The will proponent does not need to prove heirship because the will itself identifies the beneficiaries. Both sides must show that the deceased person has passed away. Both must also show the case is filed in the right county.

In many contested cases, claims of undue influence or lack of testamentary capacity are at the center of the dispute. Medical records documenting the deceased person's mental capacity can be critical evidence. The standard in these proceedings is typically a preponderance of the evidence, meaning the party must show their claim is more likely true than not.

The Will Gets Decided First

When a contested case involves both a will offered for probate and a competing claim of intestacy, Arizona law sets a clear order of operations. The court determines whether the will is entitled to probate before addressing any intestacy claims.

This priority makes practical sense. If the court validates the will, the intestacy question becomes moot. If the will is found invalid, the court then moves on to determine heirship under intestacy laws. This structured approach prevents the court from resolving inheritance questions before knowing whether a valid will controls the distribution.