Ordinarily, probate court matters are routine, and may include admitting wills, greenlighting executors and ensuring creditors and beneficiaries receive the appropriate notifications in a timely manner. Sometimes disputes, such as will contests or claims against the estate do arise during probate, requiring the further attention of the court.
Examples of Probate Litigation
Ideally, thoughtful estate planning, including clear communication, allows most families to avoid the heartache of probate litigation. Absent an estate plan, the probate court designates an administrator who must close out the affairs of the deceased and follow the state laws of intestacy for the distribution of assets. Though this might not be optimal for families, it is not the same as conflicts and disagreements that result in the need for court resolution. Four examples of disputes that result in probate litigation include:
Will Contests
Questions sometimes surface about the validity of a will. Interested parties may dispute the deceased person’s will or allege undue influence or fraud. Or they might argue that the person who made the will (testator) lacked…mental capacity.
Estate Administration Disputes
Disagreements may arise among heirs, executors, or administrators regarding the management and distribution of estate assets. These arguments can include allegations of mismanagement or conflicts over the interpretation of the will or trust provisions.
Claims Against the Estate
Creditors or individuals may believe they have a rightful claim to the deceased person’s assets. They then may seek to file claims against the estate. Claims can include outstanding debts, unresolved contracts, or disputed property ownership.
Guardianship Disputes
In disputes over appointing a guardian for a minor or a disabled adult, probate litigation can also result. Concerns about the actions of an appointed guardian or conservator may lead to probate litigation too.
Disputes and the resulting need for probate litigation can also arise over differing interpretations of a will or trust or intentions of the deceased. Disagreements about the actions of the designated executor, personal representative or administrator, as well as failed communications between these fiduciaries of the estate and the beneficiaries can also pave the way to probate litigation. With the help of an attorney, conflicts that appear to be escalating can sometimes be resolved outside of court, via a negotiation or mediation process and resulting family settlement agreement.
Ultimately, to avoid the pain, time and costs associated with probate litigation, estate planning experts emphasize the importance of proactive planning and courageous conversation with loved ones, especially if decisions will come as a surprise or cause stress.
Helpful To Know: Probate Bonds
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 through 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 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
Special Service for Probate Attorneys
Help clients quickly secure court and fiduciary 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.
Our 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 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