Probate is the legal process of distributing a deceased person’s assets according to their will or state law. However, if you believe that the will is not valid or that there are other issues with the probate process, you may be able to contest it. This guide will provide an overview of the probate contesting process and your legal options.
What is probate and how does it work?
Probate is the legal process of distributing a deceased person’s assets according to their will or state law. It involves several steps, including identifying and valuing the deceased person’s assets, paying off any debts or taxes owed, and distributing the remaining assets to the beneficiaries named in the will or according to state law. The probate process can be complex and time-consuming, and it is important to have a clear understanding of how it works before contesting it.
Grounds for contesting a will.
There are several grounds for contesting a will, including:
Lack of Capacity.
Lack of capacity means that the person making the will did not have the mental capacity to understand the consequences of their actions.
Undue influence means that someone exerted pressure or coercion on the person making the will to change it in their favor.
Fraud means that the will was created or altered through deception.
Improper execution means that the will was not signed or witnessed properly according to state law.
Can probate be contested for other reasons?
Yes. There are other possible reasons for contesting probate. Read our blog “Top 8 Reasons Probate Can Be Challenged.” And if your situation is not listed there, just call us at 602-443-4888 to ask about your options.
If you believe that any of these grounds apply to your situation, you may have legal options for contesting probate.
Steps to take if you want to contest probate.
If you want to contest probate, the first step is to consult with an experienced probate litigation attorney. They can help you understand your legal options and guide you through the process. You will need to file a petition with the court to contest the will, and provide evidence to support your claim. This may include medical records, witness testimony, or other documentation. The court will then hold a hearing to determine the validity of the will. It’s important to note that contesting probate can be a lengthy and expensive process, so it’s important to carefully consider your options before proceeding.
Hiring a probate attorney.
If you are considering contesting probate, it’s important to hire an experienced probate attorney who can guide you through the process. Look for an attorney who has experience in probate litigation and who can provide references from previous clients. They should also be able to explain the process to you in detail and answer any questions you may have. Keep in mind that probate litigation can be expensive, so be sure to discuss fees and costs with your attorney upfront.
Alternatives to contesting probate.
While contesting probate may be an option, it’s important to consider alternatives before taking legal action. One alternative is to try to resolve the issue through mediation or negotiation with the other parties involved. This can be a less expensive and less time-consuming option than going to court. Another alternative is to accept the terms of the will and move on. While this may be difficult emotionally, it can save you time, money, and stress in the long run. Ultimately, the decision to contest probate or pursue alternative options will depend on your individual circumstances and the advice of your attorney.
Still wondering “Can probate be contested?” Call Us Today.
If you’re facing a difficult situation where you believe the probate of a loved one’s estate may not be going as planned, it’s important to take action sooner rather than later. Contesting a probate can be a complex and challenging process, but with the help of an experienced attorney, you can protect your rights and interests.
At our law firm, we understand the complexities of probate law and have helped numerous clients successfully contest probate in a variety of situations. Whether you’re facing challenges with the validity of a will or disagreements over the distribution of assets, we can help.
If you’re ready to take action and explore your options for contesting a probate, we encourage you to contact our team today at 602-443-4888. Our experienced attorneys will work closely with you to understand your unique situation and develop a strategy tailored to your specific needs. Don’t wait – take action now and protect your rights in the probate process.