Even though we all know we should organize our affairs, put estate plans in place, and communicate our intentions and plans to loved ones, most of us avoid these difficult to-do list items. As a result, conflicts over assets can and do occur in the face of incapacity or death, and courtroom solutions may become necessary. Read on for an understanding of probate litigation.
What Is Probate Litigation?
As attorneys at Collis, Griffor and Hendra explain, probate litigation should not be confused with the ordinary, public process of probate, which most families are likely to experience at some point:
The probate process allows the estate to settle its affairs. The will is evaluated, debts are paid, and heirs get the assets that were left behind for them. Probate litigation occurs when someone has some kind of problem with how things are playing out. Someone believes that the last wishes of the deceased are not being carried out properly or that someone involved in the process is doing something wrong or improper….There is no guarantee that the probate process will go smoothly, but there are some risk factors that can make probate litigation more likely. People often sue when:
- The deceased was married multiple times without prenup or postnup agreements
- The executor or fiduciary is bad at communicating with beneficiaries
- There are deep rivalries between children of the diseased
- A child of the deceased is completely absent from the will
- The will of the deceased was rewritten shortly before they passed
Once an estate becomes tangled in probate litigation suits, it can take many months, and even years to resolve the claims, and until there is resolution, none of the assets of the deceased can be distributed to beneficiaries or heirs. Attorneys at Silverman Law note that factors influencing the duration of probate litigation include:
- Complexity of the estate: Large estates with many assets or complicated legal issues may take longer to settle.
- Disputes among beneficiaries: If multiple parties are involved in a disagreement or contesting the will, it can lead to prolonged legal proceedings.
- Court delays: Probate courts can have busy schedules, which may cause delays in hearings and rulings.
- Settlement negotiations: Some cases may settle outside of court through mediation or negotiations, which can expedite the process.
One of the most common examples of probate litigation is a will contest, which as the term implies, is essentially a claim questioning the validity of a will. This summation of how a will contest typically unfolds provides a good example of what probate litigation looks like in action:
- Grounds for contesting: The person contesting the will (known as the contestant) must have valid legal grounds for challenging it. Common grounds include claims of undue influence, fraud, lack of testamentary capacity, or improper execution of the will.
- Filing a claim: The contestant must file a petition with the probate court where the will was submitted for probate. This petition outlines the reasons for the challenge and the evidence….
- Court proceedings: The court will hold hearings to determine whether the will is valid. The judge may review evidence, hear witness testimony, and consider expert opinions.
- Outcome: If the court determines the will is invalid, the estate will be administered as if no will existed, following the state’s laws of intestacy. If the will is upheld, the probate process continues as planned. The success of a will contest depends on the evidence and the legal arguments made.
Probate Bonds Explained
It’s common for courts to require probate bonds, which serve as a guarantee that debts and assets will be properly handled in accordance with state laws and protocols throughout the probate process. Probate bonds are sometimes alternatively referred to as estate, executor, personal representative or administrator bonds. Colonial Surety Company makes it quick and easy to obtain probate bonds for any court in the country, via a user-friendly online service. Simply quote and obtain the required bond, and then instantly download and e-file it with the court.
Easy and Speedy Probate Bonds HERE
Bond Service for Probate Attorneys
Probate lawyers in any court in the country can quickly secure fiduciary or court bonds with just a few clicks on The Partnership Account® for Attorneys. Simply select the bond needed, send it to your client for payment, and then download, e-file or print the bond.
Colonial Surety Company’s fiduciary bonds include: administrator, estate, executor, guardian, personal representative, probate, surrogate, trustee, conservator and the list goes on.
Court bonds include: appeal, supersedeas, injunction, replevin, receiver and more.
Colonial Surety Company is rated “A Excellent” by A.M. Best Company, U.S. Treasury listed, and licensed for business everywhere in the USA. Our customers have awarded us a 4.8 Trustpilot score. Whenever and wherever you need a bond, trust Colonial: www.colonialsurety.com