What is Probate Litigation?

Probate litigation is the process of challenging a provision of the Last Will and Testament, a codicil to the Last Will and Testament, the appointment of the personal representative, or the entire contents of the Last Will and Testament. The facts of each dispute will define the exact cause of action (e.g., lack of mental capacity, undue influence, duress, intentional interference with an expectancy, and/or improper signing of the will) that needs to be prosecuted or defended. The attorney representing the recipient of a Notice of Administration telling him/her that an objection to the probate proceedings must be commenced within a certain period of time or be forever barred is typically the one who initiates the probate litigation.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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