Those who have been in a will-contesting situation before will likely recognize the term “probate litigation”. While it’s best for everyone if a will can be acted upon without any hang-ups or hitches, there are unfortunately some cases in which probate litigation is necessary to keep things running smoothly.
According to Newsmax, a more thorough definition of probate litigation explains that it exists to ensure that a will is both fair and that it is something that can realistically be carried out. If a person believes that one or both of these stipulations is not being met, they can then contest the will in a probate court. The will in question will need to be proven unfair to some of the people involved.
There are many different reasons for a will to be considered unfair enough to contest, as well. A person could wish to contest because they are unable to come to a conclusion about who the personal representative of the deceased should be. Undisclosed details on the part of the creditor may also be a sticking point. Additionally, another reason is a lack of property inventory for certain beneficiaries. However, the most common reason for contesting a will is a situation in which one beneficiary receives the full benefits. In essence, if one person is left with everything, others may contest.
However, probate litigation follows a very strict timeline. Probate courts refuse to file claims over the deadline even if they are very legitimate. This means that anyone who believes they have a reason to file a probate claim should do so as quickly as possible.
Dealing with wills can be additional stress in a time that is already incredibly stressful. Because of that, a person should be able to use all of the legal tools at their disposal.