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Understanding Probate and Probate Litigation

Posted on 30. May, 2010 by Admin in Uncategorized

Most people will never set foot in a courtroom as a result of the distribution of someone’s estate. As such, the term “probate litigation” is likely foreign to most people in our society. In fact, the term “probate” itself may be unfamiliar to many.

What is Probate?

Probate is when someone dies and their estate is distributed through the probate court system. People can die leaving their estates in several ways. A person can die with a will, known as dying testate. When a person has a will, the will is entered into probate with the probate court, which is a special court through which the provisions of the will are carried out, including distribution of assets as set forth in the will. When a person dies without a will, he dies intestate. The probate court then appoints an administrator of the estate and the assets of the deceased are distributed through intestate succession. Intestate succession means that those related by blood to the person (along with the spouse, if there is one) will inherit the assets of the estate. Certain assets, such as life insurance proceeds or trust assets, are not entered into or are a part of probate proceedings.

What is Probate Litigation?

Typically, when assets are distributed via either a will or intestate succession, the parties are agreeable with the terms and do not dispute it. However, sometimes an heir or someone who feels they should have received an inheritance will dispute the will provisions or even some aspect of inheritance through intestate succession. When that happens, probate litigation results. Probate litigation takes place when such a dispute arises resulting in a claim made to the probate court and the issue is resolved through the court system.

The most common situation where probate litigation arises is when a child or other close relative has been left out of one’s will. That person will likely argue that it was either the result of a mistake, or undue influence on the part of someone else, such as the widow or other children of the deceased. Undue influence means that someone had some sort of control over the testator and caused the testator to change his or her will in favor of that person. Other times there may be a claim that a different, more favorable will exists that is the valid will, or a claim that the will entered into probate is not valid.

For more information on Probate Litigation, please visit Probate Attorney Adrian Thomas in Fort Lauderdale.

Tags: distribution of estate, probate law, probate litigation