What is Probate and How Can a Lawyer Help With Probate Litigation?

Many residents in San Diego own property, have retirement accounts, or pass down businesses to their heirs. Probate is the legal process that happens after someone passes away.

Its aim is to make sure a deceased person’s assets, including their homes, bank accounts, personal property, and debts, are all gathered, managed, and legally passed on to the right people. 

If there’s a will, the probate court checks if it’s valid and then ensures its instructions are followed. If there’s no will, the state steps in and decides who gets what, based on California’s intestate succession laws.

The probate system in San Diego follows California law, which has its own set of strict deadlines, legal procedures, and court formalities.

It’s a structured process, but things can unravel quickly when disputes arise. And when that happens, turning to a seasoned San Diego probate lawyer is often essential. 

They step in when families are fighting over wills, trusts are being challenged, or executors are accused of wrongdoing.

But what is this probate litigation all about? And how does it really work? Also, how can a lawyer help?

Hi. In today’s blog, that’s exactly what I will be talking about. So, if you want to know about this, keep on reading till the end and thank me later…

How Probate Works

When the deceased leaves assets to distribute then the overall process is called Probate. And yes, by assets, I am talking about:

• Bank accounts.
• Real estate.
• Financial investments.

The administration of a deceased person’s assets or the testament of a dead person is called Probate without a will.

A typical executor by the name of the testator or an administrator if there is no will is expected to attend to the administration of the testator’s property.

And what does THAT mean? Well, it means that the carrying out of a deceased’s last transactions in order to pay any outstanding debts and to distribute the leftover property to the heirs.

Probate is essentially an investigation and movement of the assets of the estate of the deceased to new owners. In the event of the death of the owner, the probate court typically assesses the property’s assets.

The court then decides on the distribution and the transfer of each asset to the heirs. A probate process is commenced by a court, usually determining whether the deceased has left a legal will or not.

In most cases, the case would have details as to how the deceased would like the property to be divided after his or her death. Yet still, there are situations where the deceased person does not come up with a will.

What Is Probate Litigation?

Probate litigation is the legal process that arises when the probate process is not carried out as per plan.

Instead of the review of a paper and the distribution of assets as the main activities, people are challenging, which means that someone legally contests what is in the picture is wrong.

It may be a contest over the following things:

• Items of the deceased.
• Questioning the mental capacity of the late individual.
• Accusations of influence.
• Trustee or executor being accused of not performing their duties properly.

Fundamentally, probate litigation refers to any kind of disagreement that happens in the courts during the probate process.

These are serious battles fought in court with evidence, hearings, legal documents, and usually, several appearances before a judge.

Some of the most common types include:

• Will contests: When someone believes the will isn’t valid.
• Trust disputes: If someone thinks a trust document is flawed or was created under pressure.
• Undue influence: Where someone used manipulation or coercion to influence the deceased’s decisions.
• Mental incapacity: When there’s reason to believe the person lacked the ability to make clear decisions at the time they signed legal documents.
• Breach of fiduciary duty: When an executor, trustee, or administrator mishandles assets or fails to act in the estate’s best interests.

What Does a Probate Litigation Lawyer Actually Do?

A probate litigation attorney is a trial lawyer who focuses specifically on will and trust disputes.

Unlike estate planning attorneys (who draft wills and trusts), probate litigators step in after death, when something’s gone wrong. They understand both probate law and how to operate inside a courtroom.

Here are some specific ways they help you when hired:

• Reviewing documents: If a will or trust is being questioned, the lawyer will comb through it for inconsistencies, missing elements, or signs of coercion.
• Investigating suspicious circumstances: If the document was signed in a hospital, or right before death, or by someone with Alzheimer’s, the lawyer investigates whether undue influence or mental incapacity played a role.
• Filing legal challenges: They file petitions or objections with the court to challenge documents or fiduciary actions.
• Representing you in court: Litigation means hearings, trials, and court procedures; your attorney is your voice, fighting for your rights or your inheritance.
• Defending trustees or executors: If you’re the one managing the estate and being challenged, a lawyer helps you respond, stay within the law, and protect yourself from liability.
• Seeking fair asset distribution: Whether that means enforcing a valid will or challenging an invalid one, the end goal is to make sure the estate is handled fairly and lawfully.

When Should You Hire a Probate Litigation Attorney?

If you are thinking that something unexpected happened with the property of a family member, it is time for you to get the probate thing done!

For example, here are a few instances when you might need probate:

• He or she was not supposed to change a will.
• A beneficiary was left out.
• A person appears to be cheating about the properties.

In cases like these, it is necessary to approach a probate litigation lawyer.

Similarly, let’s imagine that you are an executor or trustee of a will or trust. So, technically, you are a person in charge.

Suddenly, you realize that the opposition is warning you that they might take legal action against you and your business. If that is the case, then the best thing to do is to seek legal help. And that too immediately.

And yes, in case I have not mentioned before, when it’s about the probate law in California, the rules are full of many different deadlines and tasks. Needless to say, there is a possibility that you will make mistakes.

However, even if the mistakes are just small, they will be enough to wear out the case for a couple of months. Therefore, it is best to get a lawyer to avoid these errors.

Read Also:

• What Is A Probate Lawyer? What Does A Probate Lawyer Do?
• Quit Claim Deed Loopholes You MUST Know to Avoid Probate!
• How Much Does Probate Cost in California: Know the Ins and Outs!