Probate is the legal process through which a deceased person’s assets are distributed, debts are settled, and final affairs are handled. While many probate cases proceed without conflict, there are situations where an interested party may choose to contest the process. Here is what you need to know about these situations.
What Does It Mean to Contest Probate?
To contest probate means to legally challenge the process by which an estate is administered or a will is validated. This often involves a party who has an interest in the estate raising objections in probate court.
Common reasons include claims that the will was not executed properly, the deceased lacked mental capacity, or the will was influenced by fraud or coercion. Contesting probate can also involve disputes about who should serve as executor or how assets should be distributed when no will exists.
Who Has Legal Standing to Contest Probate?
Not everyone can bring a challenge to probate; only individuals or entities with legal standing can do so. Generally, this includes heirs, beneficiaries named in the will, and those who would have inherited under state law if the will did not exist. A creditor may also raise objections under limited circumstances. The person contesting must have a financial interest that would be directly affected by the outcome of the case.
What Are Valid Grounds for Contesting a Will?
Several legal arguments can be raised in a will contest:
- Lack of testamentary capacity is one common claim, which involves asserting that the deceased did not have the mental ability to understand the consequences of making a will.
- Undue influence is another frequently cited ground, where someone is accused of manipulating the deceased into changing the distribution of assets.
- A will may also be challenged based on improper execution, such as the absence of witnesses or failure to meet legal formalities.
- Fraud or forgery are additional legal arguments that may lead to the will being invalidated.
What Happens During a Will Contest?
When a will contest is filed, the probate court may suspend distribution of the estate assets until the dispute is resolved. The person bringing the challenge must provide evidence to support the claim, which may include testimony from witnesses, medical records, or other documentation. The executor, along with any parties named in the will, may respond with counterarguments and evidence. The court will evaluate the claims and make a determination based on the available information and applicable law.
Is Contesting Probate Expensive?
The cost of contesting probate depends on the length and nature of the dispute. Legal fees, court costs, expert testimony, and discovery procedures can add up quickly. Some probate challenges are resolved in a matter of weeks, while others may take months or even years. Costs can be higher when the case goes to trial.
Can Mediation Be Used to Resolve Probate Disputes?
In some probate cases, mediation is used as an alternative to a courtroom trial. Mediation allows parties to meet with a neutral third party to attempt to reach a voluntary agreement. This process can be faster and less costly than litigation. While mediation is not always successful, it provides an opportunity to settle disagreements without further court involvement. Courts may encourage or even require mediation before allowing a case to proceed to a full hearing.
Skilled Delaware County Wills and Estate Lawyers at Eckell Sparks Can Protect Your Interests
Whether you are considering a will contest or are responding to one, our experienced Delaware County wills and estate lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can work to protect your interests. For an initial consultation, call our Media and West Chester, Pennsylvania offices at 610-565-3700 or complete our online form. We proudly serve clients in Delaware County, Chester County, and Montgomery County.