In this video, our Polk County appeals attorneys explain how there are many issues that can make litigation necessary during probate. These include:
Will contest: If a will is suspected to be invalid, it can be challenged by a trustee, beneficiary, or other interested party with legal grounds.
Guardianship contests: If guardianship wasn’t clear at the time of a testator’s death, it must be determined through probate litigation. This could refer to guardianship of an individual or an estate.
Probate claim: If a decedent passes with debt, his estate is responsible for paying them. However, the estate only has to pay for these debts if a credit makes a claim for the money while the estate is in probate. These claims must be properly filed to be validated by the court.
All cases of probate litigation require a petitioner to come forward, file a claim, and any substantial evidence. The burden of proof will always fall upon the petitioner in probate litigation.