An heir whose deceased relative’s estate enters probate litigation is wondering what it is. That is a normal reaction because it is not the standard probate course.
Here are some answers to common questions about probate litigation.
1. What is it?
Probate litigation is a lawsuit filed against an estate’s administrator or executor. Those involved in the case include the following:
- Beneficiaries
- Heirs
- Executor
- Administrator
- Testator
The estate is everything the deceased owned at the time of their death. The administrator or executor is the one who acts on the estate’s behalf and distributes it to the beneficiaries or heirs.
2. Why would it occur?
Probate litigation would occur for several reasons. The most common reasons are to contest an administrator appointment, to have the administrator or executor take action, to take account of the estate, to reclaim property belonging to the estate and to remove the administrator or executor.
3. Is it different than uncontested probate?
Uncontested probate gathers the deceased’s estate and distributes it to the heirs and beneficiaries. While probate litigation occurs in the same courts, it is not the same. It is something that springs from this process. It involves contesting the probate process. Fortunately, probate litigation does not happen often.
Those who have not gotten their rightful inheritance will take action. Probate litigation can be a way to prevent the administrator or executor from fraud. In other words, it can be a way for people to access their rightful inheritance when it is being kept from them.