Probate Litigation

Probate litigation in California involves legal disputes that arise during the administration of a deceased person’s estate. These disputes often center on the validity of a will, the interpretation of its terms, or the actions of an executor, trustee, or beneficiary. Common issues include will contests, claims of undue influence, lack of mental capacity, fraud, breach of fiduciary duty, or disagreements regarding asset distribution. Probate litigation may also involve disputes over trusts, creditor claims, or contested conservatorships. Because probate matters can be emotional and complex, litigation provides a formal legal process to resolve disagreements and ensure the estate is managed appropriately under California law.

The probate litigation process begins when a party files a petition or complaint in probate court, outlining the dispute and legal grounds for their claim. Once initiated, all involved parties engage in the discovery phase, where evidence such as financial records, documents, and witness testimony is gathered to support their positions. In many cases, disputes may be resolved through settlement negotiations or mediation to avoid the cost and time of a trial. If a resolution cannot be reached, the matter proceeds to trial, where a judge reviews the evidence and issues a final decision. The process can be lengthy and costly, depending on the complexity of the case, which is why legal representation is crucial for protecting the rights and interests of the parties involved.