Understanding Probate Litigation
Probate litigation is a type of legal proceeding that involves the estate of a deceased person. The dispute may arise between beneficiaries of the estate, or between beneficiaries and the executor of the estate. In some cases, the dispute may also arise between beneficiaries and the government, due to the estate’s failure to pay taxes during the decedent’s lifetime. The dispute may also arise between beneficiaries and creditors of the decedent, if the decedent had outstanding debts.
Probate litigation is generally divided into two types: informal probate litigation and formal probate litigation. Informal probate litigation is usually a dispute between beneficiaries and the executor of the estate, or between beneficiaries and creditors. Formal probate litigation is usually a dispute between beneficiaries and the government, due to the estate’s failure to pay taxes during the decedent’s lifetime. In both cases, informal and formal, the dispute may be resolved by mediation or by litigation.
Common Types of Probate Disputes
Informal probate is a simplified and less formal legal probate process used to settle an individual’s estate after their death. It is typically employed when there is no dispute among the heirs and beneficiaries and when the estate’s affairs are relatively straightforward. In informal probate, the court oversees the process but requires minimal judicial intervention.