The probate courts provide oversight throughout estate administration. The probate courts also resolve disputes related to estates. In cases where interested parties initiate probate litigation, probate court judges review documents and interpret the law.
Probate litigation can arise due to a variety of challenging circumstances. Probate litigation has the potential to increase the timeline for estate administration and diminish the value of estate resources. People planning their estates, people expecting an inheritance, and people assisting with estate administration may all benefit from understanding the most common causes of probate litigation.
Concerns about the documents
For many families, the terms of wills clearly align with an individual’s prior statements. Family members then feel confident that the documents are accurate and valid.
In scenarios where documents seem to contradict the decedent’s prior wishes, concerned parties may initiate probate litigation. When there is reason to worry about an outside party exerting undue influence or the mental state of the testator, a will contest might follow questions about the details included in documents.
Worries about executor conduct
An executor or personal representative has to follow the instructions provided in an estate plan. They may need to comply with intestate succession laws if there is no will. If a personal representative or executor appears to have breached their fiduciary duty or failed to take necessary steps, then concerned beneficiaries or heirs can ask the courts to intervene.
There are a handful of other scenarios that could also lead to probate litigation. Navigating probate litigation effectively requires an understanding of the law and of the documents that apply to a particular estate.