What Probate Litigation Looks Like

There is a significant amount of information about avoiding probate litigation or recognizing it when it happens. However, it is worth establishing that there may be people facing the inevitable. For them, a will has been disputed, or an executor has violated their fiduciary duty.

Because probate litigation happens after a loved one passes, probate litigation adds stress and confusion on top of an emotionally charged time. To mitigate that, it could help to understand what the path ahead looks like. An experienced probate litigation attorney can and will walk you through the process. He is there to assist you throughout. No one expects you to navigate this alone. 

Start At The Beginning

The emotions surrounding someone’s passing make this a complicated process for most. Contact legal counseling if you feel that you have grounds for probate litigation (e.g., undue influence, mental capacity, forged wills, or fraud). 

The first step is to verify that what you see or believe is grounds for litigation. Your attorney has the benefit of experience and is an outside party. He will see your issue without bias or judgment before recommending your best course of action.

The Process

If you have grounds, your attorney will file a complaint. This is your official way of declaring your position that there has been a degree of wrongdoing. 

In straightforward terms, they will be notified when you claim someone has done something such as exerted improper influence or has violated their duties as an executor. When they are notified, they will likely seek out their own legal counsel. 

Not only will the defendants have the chance to respond to your allegations, but there is a discovery phase. This is when all evidence or testimony is given to either confirm or refute someone’s position. Having an attorney for this is paramount. They will build an argument for your case based on the evidence.  


Depending on the specifics and complexity of your case, there is a potential that your dispute could go all the way to a trial. This could consist of a jury or just a judge. The latter is referred to as a bench trial. 

However, there are ways in which an agreement may be achieved before a trial becomes necessary. For example, you can pursue mediation or arbitration. Your attorney will advise you on which options are available and which are in your best legal interest.

Luis E. Barreto and Associates

If you have any further questions regarding probate litigation and how it relates to you, contact Luis E. Barreto and Associates to schedule a free consultation. Probate litigation is complex and stressful. The most important takeaway is that you are not expected to face this alone. Trust experienced legal counsel who will work on your behalf to find a resolution.

Luis E. Barreto