If you expect to face disputes over the allocation of your loved one’s estate, retaining a probate litigation attorney might be the right choice.

Here’s what you need to know about hiring an experienced attorney who can help you manage probate litigation. But first, let’s look at what probate is.

What is probate?

Probate is the legal process for settling a deceased person’s estate. The key steps are validating whether a will is valid, paying outstanding debts and taxes, and distributing the remaining estate assets to the rightful heirs or beneficiaries.

If a deceased person did not leave a will, the probate process also involves determining how the estate will be distributed according to the laws of intestacy in the relevant jurisdiction.

The probate process typically involves these steps:

• The probate process begins with the filing of a petition in the probate court. The filing may be initiated by an executor named in the will or by an interested party, such as a close relative.
• The court will appoint an executor if one is named in the will. If there is no will, or if the named executor is unable or unwilling to serve, the court will appoint an administrator to oversee the probate process.
• The executor or administrator is responsible for taking an inventory of the deceased person’s assets, including real estate, bank accounts, investments, and personal property. Assets are typically appraised to determine their value.
• The executor or administrator must notify creditors of the death, allowing them to make claims against the estate for any outstanding debts.
• The estate’s debts, including funeral expenses, outstanding bills, and taxes, are paid from the estate’s assets.
• The remaining assets are distributed to the beneficiaries or heirs as specified in the will or according to state laws if there is no will.
• After completing all these steps, the court will issue an order to close the estate.

Because probate laws and procedures vary by jurisdiction, this process may differ depending on your location.

What is the difference between probate attorneys and probate litigation attorneys?

Probate attorneys help administer estates. They may file the will with the probate court, prepare and file probate court documents, and advise the personal representative of the will on the legal process for administering the estate. They may also help gather estate assets, obtain appraisals on jewelry and real estate, or sell or distribute other personal items. A probate attorney can also arrange for payment of the deceased’s debts.

The probate process often leads to disputes among family members and other beneficiaries. In cases like these, hiring a skilled probate litigation attorney to manage dispute resolution becomes important. These attorneys are the ones who take probate cases to court.

What matters do probate litigation attorneys handle?

A probate litigation attorney’s tasks include resolving disputes, protecting beneficiaries’ rights, and addressing stressful situations. Their expertise also helps clients avoid costly errors that can prolong the probate process.

Resolving will contests and other disputes

Disputes often center around the validity of the will. For example, a beneficiary may contest the terms of the will by claiming that the deceased, called the “testator,” lacked sufficient mental capacity to understand the property they owned or how they wanted to distribute it. Or they may claim that someone in a position of power, such as a caregiver, exercised undue influence over the testator and caused them to amend their will in a way that unfairly benefits them. Some claims involve fraud or improper execution, claiming that the will was forged or missing witness signatures, for example. Other disputes may involve conflicts over asset distribution or will interpretation. An experienced probate litigation attorney can help clients mediate, negotiate, litigate their disputes, and help minimize conflict among beneficiaries.

Probate litigation attorneys may also handle issues related to the person appointed to administer the estate. These matters sometimes involve allegations of mismanagement, fraud, or the breach of fiduciary duty. Probate litigators commonly handle disputes over the appointment of guardians for minor children or incapacitated adults.

Protecting beneficiaries’ rights

Beneficiaries might face situations where their rights are in jeopardy or where they suspect mismanagement or fraud in the administration of the estate. Probate litigation attorneys carefully investigate these matters and ensure that the estate is managed and distributed according to the deceased’s wishes and state laws.

Probate litigation attorneys also help resolve disputes involving claims by creditors seeking payment from the deceased person’s estate.

Easing stressful situations

Navigating the probate process can be overwhelming. A probate litigation attorney serves as a guide, easing the stress and burden on beneficiaries. Their expertise streamlines the process, handling paperwork, court appearances, and negotiations, allowing bereaved family members to focus on healing.

Emotions can run high during probate proceedings, leading to strained relationships among family members. A probate litigation attorney provides objective and professional guidance. They serve as a neutral party to navigate emotionally charged situations.

Avoiding costly errors

A small mistake in handling estate matters can result in significant financial losses or prolonged legal battles. Hiring a probate litigation attorney reduces the risk of errors. Their knowledge of legal procedures helps prevent mistakes that could derail the probate process.

Where to turn for help with a probate litigation matter

Every probate case is unique. Seeking counsel early in the estate administration timeline can make a significant difference in safeguarding your interests and facilitating a smoother probate process.

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