What Is Probate Litigation?

If you are involved in the execution of a will in any way, whether you are a beneficiary or an executor, you need to understand probate litigation. This occurs when someone privy to the deceased wants to challenge the will. Here is what you need to know.

Probate Litigation Defined

Probate litigation happens when someone disputes probate. During probate, the state recognizes an executor or administrator of an estate. Probate starts when the executor of the will submits the death certificate. The government will verify the death certificate to ensure the person is deceased. Once this happens, the executor can move forward with the executory process.

Probate litigation happens when someone who is interested in the will states that there is something wrong during the process. They can retain an attorney and file a case appropriate with their claim.

Types of Probate Litigation

There are several different scenarios in which someone could enter probate litigation. Anyone who wants to contest a will can enter litigation. In this scenario, a person may believe that they are owed a portion of the will's contents. This is common when a person is left out of a will or does not receive as much as they should have received.

Another issue that can happen is if there is no will and the family is fighting over who should be the administrator of the deceased estates. If the state identifies a person as an administrator and others privy to the will do not believe it to be an appropriate or adequate choice, they can challenge the state. If the administrator wants to remain in that role, they have limited time to provide testimony and evidence as to why they are the appropriate person to deal with the will.

There may also be litigation if someone involved in the estate thinks the estate was overcharged by a personal representative. A person can also go into probate litigation if they think the necessary information is not being provided by the executor to others privy to the will.

There may also be a dispute over trusts. When the will includes a trust, it spells out exactly how the trust's contents should be dealt with. A trust is generally there to make sure the deceased's money or other assets go exactly where they want. When there is a dispute over a trust, the person who believes an issue is present will have to enter probate litigation to deal with it.

To learn more, contact a probate attorney today.