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The basics of probate litigation

A probate is the act and legal process of transferring property on to someone else after a person dies. Often, people solidify their intentions in the form of a will or trust before they die, to avoid any complications of who the property should go to.

This blog will provide a brief overview on probate administration and how it works under the law.

Probate administration

The probate process takes place under close supervision from the court. It will ensure that the person who passes away followed all legal procedures upon the drafting of their will, and that it is therefore valid and ready for probation.

Avoiding probate

There may be reasons to act in a movement to avoid probate, and this is usually in an attempt to avoid fees. There are certain ways to avoid probate: you can claim right of survivorship with joint ownership, claim property in the form of gifts, and revocable trusts.

The probate process

If a probate is uncontested, the process is usually a simple one. The basic probate process goes as follows:

  • Collecting the decedent's probate property
  • Paying debts, claims and taxes
  • Establishing all rights to any income
  • Setting any contestations
  • Transferring and distributing all property

A probate can be occasionally contested, often because one of the heirs thinks that they should be entitled to a larger share of the estate. If this happens, there usually needs to be some argument in place to claim that the will was or became invalid in some way, such as in cases where the decedent was manipulated.

Source: FindLaw, "Probate litigation," accessed Aug. 18, 2017

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