Abogados de Probate Litigation

Probate Litigation Lawyers in the United States

When someone dies, their estate should transfer smoothly to heirs and beneficiaries. Sometimes it doesn't. Probate litigation arises when disputes erupt over a will, trust, or the administration of an estate, and a court must step in to resolve them.

What Probate Litigation Covers

Probate litigation encompasses any contested legal matter tied to a deceased person's estate. The most common disputes involve will contests, where someone challenges whether a will is valid due to fraud, forgery, undue influence, or lack of mental capacity at the time of signing.

Other frequent cases involve trust disputes, breach of fiduciary duty claims against executors or trustees, fights over asset distribution, and disagreements about the interpretation of estate documents. Guardianship and conservatorship disputes also fall under this umbrella, particularly when family members disagree about who should manage an incapacitated person's affairs.

Heir disputes are common too. Disinherited family members, blended families, and unclear beneficiary designations regularly fuel courtroom battles. According to an AARP survey, roughly 60% of American adults still don't have a will, which only increases the likelihood of these conflicts.

When to Hire a Probate Litigation Lawyer

• You believe a will or trust was created under undue influence, duress, or when the person lacked mental capacity
• An executor or trustee is mismanaging estate assets, refusing to communicate, or acting in their own self-interest
• You've been unexpectedly left out of a will or received significantly less than promised
• Multiple parties are claiming rights to the same property or assets
• You're an executor or trustee facing accusations and need to defend your actions in court

How the Probate Litigation Process Works

Most cases begin with filing a petition or complaint in probate court. The party bringing the challenge must present evidence supporting their claim, whether that's medical records showing cognitive decline or financial records revealing mismanagement.

Discovery follows, where both sides exchange documents and take depositions. Many probate disputes settle before trial — some estimates suggest around 90% of civil cases resolve through negotiation or mediation. Cases that go to trial can take one to three years depending on complexity and court backlog.

How Financial Outcomes Are Determined

• Estate value — the total worth of all assets, including real property, bank accounts, investments, and personal property, sets the baseline for any distribution
• Intestate succession laws determine who inherits and how much when there's no valid will, following each jurisdiction's statutory formula
• Courts may order an accounting of all estate transactions to identify misappropriated funds, which can result in surcharge orders requiring a fiduciary to repay losses
• Successful will contests can reinstate a prior will or trigger intestate distribution, dramatically shifting who receives what
• Damages for breach of fiduciary duty may include recovery of lost assets, interest, and in some cases punitive damages for intentional misconduct

Frequently Asked Questions

How long do I have to contest a will?

Deadlines vary by jurisdiction but typically range from 30 days to several years after the will is admitted to probate. Missing this window almost always bars your claim permanently, so acting quickly matters.

Can I challenge a will if I'm not a family member?

Generally, you need standing to contest a will. That means you must be someone who would be directly affected by the outcome — either a named beneficiary in a prior will or an heir under intestate succession laws. Close friends or business partners usually cannot bring a challenge unless they were specifically named in an earlier version of the will.