After a loved one dies, families may have many questions about what comes next financially and legally. You may have heard horror stories about the probate process dragging on for many months or even years. However, probate doesn’t have to be a hassle if you have the right legal assistance and experienced attorneys in your corner.

What Is Probate?

Probate is the legal/judicial process where a person’s Last Will and Testament (will) is proved and accepted in a county court as the valid and true intentions of the person who died (the decedent). It’s also how a person’s estate is settled according to the “laws of intestacy” in the state where the decedent lived at the time of death in the absence of a legal will. Also, during the probate proceeding, the probate court recognizes a person to manage the decedent’s estate (usually the decedent’s spouse or adult child or sibling if one is not named in the will). 

When there is a dispute during the probate process, perhaps between family members about certain aspects of the will or inheritance, if there were multiple marriages involved, if there wasn’t a basic estate plan or legal will created by the decedent, if there are complex or unclear elements of a will, or if there appeared to be undue influence over the decedent, that’s when a Probate Litigation attorney is needed.  

A beneficiary, personal representative/executor, trustee or administrator can bring a probate lawsuit with a Probate Litigation attorney for a variety of reasons, including undue influence or if the decedent lacked capacity to make legal decisions, if the trust accountings are contested by a beneficiary, if spousal rights were ignored or omitted from the will, or if an inheritance is contested.