When a person passes away, it is inevitable that their will goes through the probate court. A will is a legal document that outlines how a person’s estate should be handled after their death, often naming an executor to manage the estate.
While individuals typically plan their estate to benefit their family members, there is always a risk of someone contesting the will. This could be a family member or a third party seeking a larger share of the estate, causing distress to the deceased’s family. Therefore, it is important to be prepared for potential challenges when dealing with a probate case.
Identifying Potential Challengers in Probate Court
As an executor, it is crucial to understand who has the legal standing to contest a will. Not everyone in the deceased’s life can challenge the will, as only “interested persons” with valid legal reasons can do so under probate law. Let’s explore who can challenge a will in probate court.
Beneficiaries: These are individuals named in the will to receive assets. Beneficiaries, regardless of their relationship to the deceased, can contest the will if they are dissatisfied with their share.
Heirs: Family members or relatives of the deceased, known as heirs, have a strong basis for challenging a will in probate court, especially if they have been excluded from the will.
Creditors: In many cases, creditors may challenge a will to claim a portion of the estate. Executors must verify the legitimacy of creditor claims during the probate process.
Common Reasons for Will Challenges in Probate Court
Challenging a will in probate court requires valid legal grounds, and not just personal preference. Some primary reasons why a will may be contested include:
Improper Signature Process: Each state has specific laws regarding how a will must be signed, often requiring witnesses. Failure to follow these procedures can lead to a will being contested.
Lack of Testamentary Capacity: This refers to the testator’s understanding of their assets and beneficiaries when creating the will. If it can be proven that the testator lacked this capacity, the will may be challenged.
Undue Influence: Elderly individuals may be influenced by others when creating a will, leading to potential challenges based on undue influence.
Handling Will Challenges in Probate
Dealing with will challenges can be complex and overwhelming for estate executors. In such situations, seeking the assistance of a probate lawyer is advisable. These legal professionals have the expertise to navigate challenging scenarios and ensure a smooth probate process. If a will is contested, a probate lawyer can effectively represent the estate’s interests in court.
