Executive summary Introduction Probate can be a helpful process for distributing the estate assets of a deceased individual to the rightful heirs and beneficiaries. However, it can also be a costly and time-consuming one, especially with high-value estates of high-net-worth [...]
Key Takeaways Understanding Will Contests A will contest is the legal process of challenging the validity of the legal document stating how a person, [...]
Key Takeaways Understanding Will Contests A will contest is the legal process of challenging the validity of the legal document stating how a person, […]
Executive Summary Introduction The probate administration process is the court process by which a decedent’s creditors are paid and their remaining assets are distributed [...]
Executive Summary Introduction The probate administration process is the court process by which a decedent’s creditors are paid and their remaining assets are distributed […]
Executive summary Tax implications in high-value probate If you are an interested party in a high-value estate, then it’s important that you understand the [...]
Executive summary Tax implications in high-value probate If you are an interested party in a high-value estate, then it’s important that you understand the […]
Executive summary Introduction Probate is the process of managing, administrating, and distributing the assets of an estate, either with or without a will. It [...]
Executive summary Introduction Probate is the process of managing, administrating, and distributing the assets of an estate, either with or without a will. It […]
Executive summary Introduction California passed Assembly Bill 2016 (AB-2016) in September 2024 to take effect in April 2025, and it features several new implications [...]
Executive summary Introduction California passed Assembly Bill 2016 (AB-2016) in September 2024 to take effect in April 2025, and it features several new implications […]
Executive summary Introduction Understanding the statute of limitations in probate litigation is critical for ensuring that you are able to protect your inheritance rights [...]
Executive summary Introduction Understanding the statute of limitations in probate litigation is critical for ensuring that you are able to protect your inheritance rights […]
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Probate litigation is the process of resolving disputes that arise during the administration of a deceased person’s estate. Typical conflicts include challenges to the validity of a will, disagreements over how to interpret estate documents, claims that an executor or personal representative mismanaged assets or failed to account, and contests among heirs or beneficiaries about their rights or distributions. Some matters can be settled through negotiation or mediation; others require court orders to admit or invalidate a will, determine heirship, compel an accounting, remove or surcharge an executor, or direct how assets are distributed. A probate litigation attorney represents heirs, beneficiaries, creditors, and personal representatives, working to safeguard legal rights, promote transparency, and ensure the estate is administered according to the decedent’s intent and state law.
Answers to common questions about probate estate litigation, helping you better understand your rights and the legal processes involved in protecting your interests.
Common issues include will contests based on undue influence, lack of capacity, fraud, duress, or improper execution; objections to an executor’s inventory, accounting, fees, or decisions; disputes over spousal or heirship rights and elective share claims; creditor claim challenges; and disagreements about how to interpret or apply provisions in the will or related estate documents. Many of these disputes can be resolved with information sharing and mediation; when necessary the court can issue enforceable orders.
Timelines vary with the complexity of the issues, the number of parties, the court’s calendar, and whether the case settles or proceeds to trial. Narrow disputes, such as limited objections to an accounting, may resolve in several months. Contested will challenges that require discovery, expert testimony on capacity or undue influence, and multiple hearings can take twelve to twenty-four months or longer, particularly if there are appeals.
robate litigation arises because someone has died and the estate is being handled in probate court. This occurs when there is a will that must be admitted to probate or when there is no estate plan and assets pass by intestacy under state law. Typical disputes include will contests based on undue influence, lack of capacity, fraud, duress, or improper execution; objections to the executor’s inventory, accounting, or fees; removal or suspension of a personal representative; heirship and spousal elective share claims; and creditor claim challenges. Some matters can be resolved through information sharing or mediation. When court orders are needed, the judge can admit or invalidate a will, determine heirship, compel or approve an accounting, remove or surcharge an executor, and direct how estate assets are marshaled and distributed in accordance with the decedent’s intent and state law.
Trust litigation involves disputes about a trust, either during the settlor’s lifetime or after death. The focus is on the trustee’s conduct and the trust’s creation, administration, and distributions. Common issues include breach of fiduciary duty, failure to inform or account, delayed or improper distributions, excessive fees or expenses, interpretation of ambiguous provisions, and challenges to trust validity or amendments based on undue influence or lack of capacity. Many trust disputes resolve without filing through negotiation, mediation, or a nonjudicial settlement agreement, and some trusts include arbitration clauses. If enforceable relief is required, the court can compel an accounting, issue orders for distributions, interpret or reform the trust, remove or suspend a trustee, surcharge to recover losses, and impose constructive trust or turnover orders to protect assets.
You have grounds when there is a recognized legal basis and facts that support it. Examples include evidence that a will was signed without capacity or under undue influence, proof of fraud or improper execution, missing or inaccurate accountings, asset mismanagement by the executor, denial of statutory rights such as a spouse’s elective share, or wrongful rejection or allowance of creditor claims. Standing usually belongs to heirs, devisees, beneficiaries named in a prior will, personal representatives, and certain creditors, as permitted by state law. A probate litigation attorney can review your documents and communications, assess the strengths and weaknesses of potential claims and defenses, and advise whether to pursue negotiation, mediation, or a court petition.
An experienced attorney evaluate the will and related documents, request and analyze accountings and financial records, and develop a strategy tailored to your role, whether you are an heir, beneficiary, creditor, or personal representative. The attorney can negotiate settlements and nonjudicial agreements where appropriate, or file targeted petitions to admit or contest a will, compel an accounting, determine heirship, remove or suspend an executor, obtain injunctive relief to preserve estate assets, surcharge a fiduciary for losses, and secure clear court instructions that move administration forward.
Seek a lawyer with substantial probate and trust dispute experience, including will contests, accounting objections, fiduciary removal and surcharge, and creditor or heirship matters, who is familiar with the local probate court’s procedures and judges. Look for strong motion practice and trial readiness balanced with practical settlement skills, clear communication about options, risks, timelines, and fees, and access to resources such as forensic accountants and medical experts. Choose someone who gives candid assessments, provides regular updates, and is prepared to take the case to trial if necessary while keeping your goals and the efficient resolution of the estate at the forefront.
A member of the RMO Client Relations team will reach out to gather additional information concerning the parties to your case and schedule your consultation.
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