Minneapolis, MN asked in Family Law, Real Estate Law and Estate Planning for Minnesota

Q: how can i prove the last will and testament is not true that my estate has been taken from me by my fathers family,

this has happen in the state of arizona and how do i proceed in minnesota, how do i ubtain a legal copy of the last will and testa ment

1 Lawyer Answer
Scott Maki
Scott Maki
  • Estate Planning Lawyer
  • Moorhead, MN
  • Licensed in Minnesota

A: Hello, Thank You for your question! Unfortunately, the work you need to do is with the Arizona court where this was handled, not in a Minnesota court. But regardless, to get started, you will need a copy of the Will. Luckily, a Will that went through probate is a matter of public record (I am assuming here that the Will went through Arizona's probate system). Here is how you get a copy:

Step 1:

- IF the Will went through Probate in Arizona, locate the probate court that handled the probate proceedings. It will likely be the County where the descendant resided at the time of their death (another potential location would be a county where they owned real estate, if applicable).

Step 2:

- Call that county's Clerk of Court and tell them you need a copy of a probated Will. Give the clerk the legal name of the deceased person and the date of death. If you don't know the exact date - give the best date you can. (If you are unsure if the will was probated - assume that it WAS probated for the purpose of this phone call. Giving this info to the clerk will result in them searching for a probate record - if the record exists, then you will KNOW it was probated; if it does not exist, then you will know it was not. If the county were the descendant resided at the time of their death doesn't have any record, then try the county where the descendant owned real estate, if applicable).

Step 3

- Once you locate the Court where the Will was probated, you will need to pay whatever fee the clerk's office charges for the copy of the Will and any postage, if applicable (they may not be able to mail it; AZ will have it's own state rules about this - the clerk will have that information and tell you your options).

If after obtaining and reviewing a copy of the Will, you still feel you were somehow wronged, they you will need to contact a probate attorney licensed in ARIZONA to challenge the Will. The Will needs to be initially challenged in the original probate court - THAT court has jurisdiction over this matter.

So this is actually a AZ law question, not a Minnesota law question (even though YOU apparently reside in Minnesota); therefore, I cannot address your question of HOW to prove anything relating to challenging the Will - ONLY an attorney licensed in Arizona can answer those questions. But before you can do anything to challenge what may be in the Will, you first need a copy of that Will, and I hope I was able to assist you with that. Good luck!

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