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Frequently Asked Questions about Probate Litigation

Q: What is probate?

A: Probate is the process by which a court determines whether or not a will is valid or not valid.

Q: What is probate litigation?

A: Probate litigation is civil litigation that is concerned with the issues surrounding the probate process, which primarily includes will validation, estate administration, and asset distribution. Probate litigation, like any other litigation, takes place in a courtroom in front of a judge.

Florida Probate Litigation Lawyers

After a death (whether a natural death or an accidental death ), tensions run high, and conflicts among survivors are unfortunately a common occurrence. Family members who believe a recently deceased relative drafted or changed a will under duress or undue influence of another person often seek the assistance of a lawyer to evaluate the situation. A will contest may be in order if someone's inheritance seems likely to go into the wrong hands without prompt legal action.

The following information regarding probate litigation may or may not pertain to your concerns. To discuss a pending or ongoing central Florida will contest, whether you are contesting or defending the validity of a will, contact the probate lawyers at Billings, Morgan & Boatwright, LLC.

Probate Litigation - An Overview

Litigation in probate cases is not a first step. An attorney who is competent and experienced in probate and estate administration can facilitate this often difficult process in a timely and effective manner. If you need help in the administration of an estate, call an attorney today.

When Do I Need A Probate Lawyer?

When a person dies, the heirs and potential beneficiaries will usually come forward with the decedent's last will and testament. Probate is the legal process of validating the will. The will is filed with the county clerk, and a petition is presented to the court asking it to validate the will.

Avoiding Probate Litigation

The primary way to avoid probate litigation is to plan early and plan carefully. No strategy can guarantee that your heirs or beneficiaries will avoid litigation. Every legal tactic can be challenged. However, careful planning can ensure that your wishes will be carried out to the fullest.

Contesting a Will: Who and How

To raise a challenge in a court of law, the challenger-called the petitioner or plaintiff-must have standing to do so. In the legal field, having standing means that you have a particular interest in a potential legal dispute that gives you the right to be heard in a court of law.

What to Expect from Probate Litigation

Every case is going to be different, but most cases have similar primary and side effects. Litigation can be stressful among strangers. Litigation between family members can become a nightmare. Families can become fractured, or even more fractured, because of intra-familial litigation. Unlike mediation or arbitration where the goal is often to resolve the issues in everyone's best interest, there are usually clear winners and losers in litigation. Results are not exclusively all or nothing, but winner-take-all is certainly more likely in litigation.

Probate Litigation Resource Links

FindLaw - Probate
For up-to-date information about probate and estate administration. The most relevant legal site on the Web.

American Bar Association - Estate and Probate
The American Bar Association provides information and frequently asked questions about estate planning, wills, and probate.

Cornell University - Probate by State
Cornell University offers a listing of probate statutes by state.

Federal Citizen Information Center - Estate Planning
Information on federal estate planning and estate taxes.

ABA Committee on Real Property, Probate, and Trust Law
Home page for the American Bar Association's Section of Real Property, Probate and Trust Law.