Probate refers to the comprehensive management of a deceased individual’s will or the estate of an individual who died intestate. An executor who is either named in the will or appointed by the court if there is no will oversees the process. This entails supervising the distribution of the deceased’s estate to cover any outstanding debts and allocating what’s left to the designated beneficiaries.
Sometimes, disputes could arise during the probate process. The beneficiaries may disagree with the designated distribution of assets, or a person who has been left out of the will may feel that they have a claim. When disputes arise, probate litigation is necessary.
Common reasons for Probate Litigation
One of the most common reasons that probate litigation is needed stems from questions regarding the validity of the will. If, for example, the assets are left to three siblings, one of them may feel like they got the short end of the stick. Jealousy among siblings can quickly derail the distribution of assets, leaving them with no choice but to contest the will.
There are also times when the deceased’s designated choices are called into question. Perhaps they left the entire estate to their young wife of two years, leaving nothing for their adult children. The children may contest the will due to a lack of testamentary capacity, which seeks to show that the mental ability of the individual at the time the will was prepared was unduly compromised.
Clarity is key
The best way to eliminate the need for probate litigation is to ensure that your will is straightforward and clear. Your will should be created with clarity that demonstrates your mental competence, and you should sign it in front of qualified witnesses who can testify to your sound mind.
Should the need for probate litigation arise, it is best to seek guidance with the process.