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What is probate litigation?

Probate litigation is a term that many will come to know if they have lots of properties, multiple bank accounts, a large number of gifts, or sizeable estates. Many people may also recognize it as a term that is tied to wills. Wills are written by the deceased to distribute their property and belongings. So what is probate litigation, exactly?

The definition is laid out by Newsmax, where it is stated that probate litigation essentially boils down to contesting a will. If a will determines who gets what, then probate litigation exists in order to ensure that the will is both fair and feasible. However, probate litigation follows a very strict timeline. Probate courts refuse to file claims over the deadline even if they are very legitimate. This means that anyone who believes they have a reason to file a probate claim should do so as quickly as possible.

There are a number of reasons that a person may wish to contest a will. This can include:

  • The creditor’s details being undisclosed
  • Arguments over who will be the personal representative
  • Undue influence claims
  • No property inventory for some beneficiaries
  • One beneficiary receiving full benefits or failing their fiduciary duties

Which all essentially equate to an unequal will, or a will that some of the beneficiaries view as being uneven. Probate litigation exists so that, in these complex situations, a family may be able to work things out without worrying about fights or prolonged battles over money and property.

Dealing with probate litigation and wills at the same time can be stressful. However, probate litigation ultimately exists in order to make life easier for the people who need it.

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