Probate litigation law covers legal disputes that arise during the probate process — the court-supervised procedure for distributing a deceased person's assets and settling their debts. While many estates pass through probate without conflict, disagreements among family members, creditors, or beneficiaries can turn the process into contested court proceedings.
Common disputes include challenges to the validity of a will, where a party claims the document was signed under undue influence, executed while the testator lacked mental capacity, or was the product of fraud or forgery. Litigation may also arise over the conduct of an executor or administrator — for example, allegations of mismanagement, self-dealing, or failure to distribute assets properly. Disagreements about the interpretation of ambiguous will language, disputes over intestate inheritance when no will exists, and contests involving trusts or beneficiary designations are also within this practice area.
Probate litigation often involves procedural deadlines, rules of evidence, and standing requirements that differ significantly from state to state. Courts may appoint guardians ad litem, order accountings, or remove a personal representative depending on the circumstances. Because probate law is primarily governed at the state level, the applicable rules, time limits, and available remedies vary by jurisdiction and can change over time.
