What Happens When Probate Matters Become Contested?

In an ideal situation, after a person’s death, their estate moves smoothly through the California probate court, and all the assets are distributed quickly. Sometimes, probate becomes contested, and when that happens, there can be enormous delays. Talk with a probate attorney no matter where you are in this process. We can help with your estate planning so that you can avoid litigation, and if you’re already facing litigation or need to bring a challenge, we have extensive experience in the Torrance, CA courts and are ready to help.

What Happens When Probate Matters Become Contested?

Once a will has been entered into the probate court, the court will issue a notice of probate and begin the process of approving the executor named in the will or appointing an executor if none was already named. At that point, challenges can begin. Anyone who wants to bring a challenge will need to file a written petition with the court within 120 days of the first probate hearing. Once that happens, the court sends a copy of this filing to everyone with an interest in the estate. These parties have 30 days to respond to the objection, after which the court holds a hearing and a judge makes a ruling. In some cases, particularly where a challenger is a family member, the court will urge the parties to go into mediation to resolve their differences.

Types of Challenges

Challenges to the will can include the argument that the testator did not have “capacity,” which is essentially claiming that they did not have the mental capacity necessary to know what they were doing when the will was made. Another common challenge is undue influence, where a party claims that there was pressure on the testator or that they were under duress. Another possible challenge is to claim that the will is fraudulent or outdated. Finally, a challenge can be brought against the executor. If the executor is not following the guidelines of the will or if interested parties believe the executor is not competent or would be biased in their duties, a challenge can be brought here.

Who Can Bring a Challenge?

Any interested party can bring a challenge. Having a legal interest in an estate means that you are a beneficiary, you would ordinarily be a beneficiary, or you are a creditor or someone else with a claim against the estate. It’s important to understand that just because someone was left out of a will who believes they should have been in it is not enough to bring a challenge. There has to be convincing proof that being left out was due to undue influence or that the will is a fraud.

Contact a Torrance, CA Probate Attorney Now

To protect your estate from challenges, get help in bringing a challenge, or defend a will in probate court, contact The Probate House, LC in Torrance, CA. We have over 30 years of experience helping California families with probate matters.

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