Probate litigation involves legal disputes arising during the probate process—the court-supervised administration of a deceased person’s estate. When someone passes away, their assets and debts must be settled and distributed according to a valid will or state intestacy laws if no will exists. Conflicts often arise in this process, leading to probate litigation.
While many probate matters, such as will admission and executor appointments, proceed without issue, contested issues related to death or mental incapacity can trigger litigation. These disputes may concern wills, trusts, powers of attorney, guardianships, conservatorships, and living wills.
Common Legal Issues in Probate Litigation
| Issue | Description |
|---|---|
| Will Contests | Challenges to a will’s validity based on claims of forgery, undue influence, fraud, or lack of mental capacity of the testator. |
| Estate Administration Disputes | Conflicts among beneficiaries, executors, or administrators over asset management, distribution, or allegations of mismanagement. |
| Claims Against the Estate | Creditors or other parties asserting unpaid debts, contractual claims, or disputes over property ownership. |
| Guardianship and Conservatorship Disputes | Disagreements regarding the appointment or conduct of guardians or conservators for minors or incapacitated adults. |
| Breach of Fiduciary Duty | Allegations that executors, trustees, or fiduciaries failed to act in the estate’s or beneficiaries’ best interests. |
| Document Interpretation | Disputes over the meaning of provisions in wills, trusts, or estate planning documents affecting asset distribution or authority. |
| Family Conflicts | Litigation fueled by strained family relationships, blended family dynamics, disinheritance, or unequal asset division. |
Multiple marriages without prenuptial agreements can often complicate estate matters and increase the risk of litigation. Establishing life insurance trusts can help separate spousal and children’s interests to reduce conflicts.
Probate, Estate, and Trust Litigation Attorneys
If you anticipate or are involved in probate disputes, an experienced probate litigation attorney can provide essential guidance. They will explain your rights, review your case, and work to resolve conflicts efficiently. Specialized trust litigation attorneys are also available for trust-related disputes.
Choosing the right attorney involves considering their experience, reputation, success in similar cases, and your comfort working with them.
Early Steps in Probate Litigation
Probate litigation begins with an initial consultation to discuss your case, objectives, and concerns. Your attorney will assess your claims or defenses, outline the legal process, potential outcomes, and strategy options. Because probate disputes are subject to strict deadlines, early contact is crucial.
Your attorney will research relevant laws and precedents, gather and review estate documents (wills, trusts, financial records), and prepare necessary legal filings such as complaints, petitions, motions, and discovery requests.
Probate Court Procedures
Litigation generally occurs in the probate court of the decedent’s county. Your attorney should be familiar with local court rules and procedures.
The discovery phase involves collecting evidence, documents, and witness testimonies from all parties. Your attorney will respond to opposing discovery requests and advocate for settlement when possible. If settlement fails, they will prepare for trial by developing legal arguments, examining witnesses, and presenting your case.
Throughout litigation, your attorney supports informed decision-making and helps manage emotionally charged disputes that can strain family relationships and expose the estate to creditor claims.
Preventing Probate Litigation
Proper estate planning with the help of experienced attorneys can reduce the likelihood of probate disputes. Our estate administration and probate litigation lawyers assist clients in creating clear, legally sound plans to protect families and assets.
If you face a probate dispute or want to avoid one, contact our team for experienced legal support.
We hope you found this article helpful. If you’d like to discuss your particular situation, please contact our Sherwood or Searcy office at 501-834-2070 to schedule a consultation. We look forward to working with you.