How Does Litigation Affect The Probate Process?
Litigation slows the probate process. The probate process is just determining that we have a valid will and that the will is admitted. If the will is admitted to probate, then it’s just a matter of how the executor handles the collection of assets and the distribution of assets. If a contest is in opposition to the will, you have to litigate that issue before you can do anything else in the case. In some cases, probates stay open for years because of conflicts.
Who Is Able To Contest A Will Or An Estate?
Anyone who is a potential beneficiary under the rules of intestacy can contest an estate or raise an objection, as can creditors. For example, if the executor or administrator of an estate is wasting the assets within that estate, then a beneficiary could raise an objection against that executor or administrator. If the court agrees with that, the court can take them off the case and re-appoint a new person.
Do I Need An Attorney For Probate Or Probate Litigation, Or Can I Do It On My Own?
Probate is a very old area of practice and the rules in probate are antiquated. There are a lot of rules and there may be liability if you don’t do it properly. It takes a lot to learn the rules of procedure and the rules of evidence. A person with no training is going to find themselves at a very distinct disadvantage. Courts are going to hold you to the rules of evidence and the rules of procedure, even if you are not a lawyer.
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