Probate proceedings are often relatively straightforward. The person appointed as personal representative in a will submits the document to the courts. They receive authorization to proceed with estate administration. They communicate with interested parties, settle the decedent’s affairs and eventually distribute resources to beneficiaries.
Occasionally, probate proceedings become far more complex. There might even be adversarial litigation that arises because of a conflict related to an estate. What issues may create challenges during the probate process?
Questions about document validity
There are a variety of scenarios in which people with close relationships to the deceased individual could question if a will is valid and enforceable. Maybe the document includes illegal provisions. Perhaps the testator drafted it so long ago that it is wildly outdated. Maybe they updated the document so close to their date of death that there are questions about their testamentary capacity. People may even worry that an outside party exerted undue influence on the testator. Questions about testamentary documents may result in probate litigation.
Complaints about a representative’s conduct
Most beneficiaries are grateful that there is someone to manage the estate so that they don’t have to. However, some people take issue with the conduct of a personal representative. They may claim that they violated their fiduciary duty through embezzlement. They might assert that the personal representative has cost the estate money through incompetent asset management or self-dealing. Many probate controversies have to do with the conduct of a personal representative and a desire to replace them with someone else.
Surprise heirs or omitted beneficiaries
Occasionally, the passing of an individual exposes a long-kept secret. They may have had children from a different relationship without the knowledge of their primary family members. The children from an adulterous relationship may theoretically have inheritance rights when a parent dies. They might request distributions from an intestate estate or challenge a will because it did not include them.
Other times, there may be allegations that outdated documents or mistakes led to the omission of those expecting to inherit from the estate could potentially challenge the estate plan by claiming that it is outdated and inaccurate. Such challenges may require months to resolve in court.
Personal representatives and those with an interest in an estate generally need to prepare themselves for the possibility of probate controversies. Addressing probate conflict can be difficult, but personal representatives are often entitled to the assistance of a legal professional paid for by the estate. People with the right support can navigate even complex probate matters successfully.