What is a probate litigation attorney?
What a probate litigation attorney actually does, the signs it's time to call one, and how the process usually unfolds after you hire one.
A probate litigation attorney represents someone in a court dispute over how a deceased person's estate is being handled: a challenge to whether the will itself is valid, or a disagreement about how the estate is actually being administered.
Most people looking for one are dealing with a specific situation, not the category in the abstract. This guide covers what the work actually involves, the signs it is time to call someone, and what tends to happen once you do.
What probate litigation actually covers
Two kinds of dispute make up most of what a probate litigation attorney handles. The first is a will contest: an argument that the document being probated is not valid, because of undue influence, lack of capacity, improper execution or fraud. Grounds for contesting a will sets out each of those in detail, and do I have grounds to contest a will? turns those categories into a few general questions and points to which might be worth raising with a lawyer.
The second is a dispute about administration itself: a concern that the executor or personal representative is mismanaging the estate, failing to account for assets, or acting against a beneficiary's interests once the estate is already being administered. This kind of claim does not challenge the will's validity at all. It challenges the person running it.
A dispute over a trust is a related but separate specialty. Will disputes and trust disputes are not the same fight covers how the two differ and why the difference changes what you should expect.
Signs it's time to call one
Not every one of these means you need a lawyer today. But most of them mean it's worth a call.
- You received a formal notice about the estate or the probate filing, and you believe the will does not reflect what the person actually wanted.
- The executor or personal representative will not produce an accounting, will not communicate, or appears to be selling or distributing assets faster than seems reasonable.
- You believe someone isolated the person before they signed the will, controlled who they could see, or was involved in arranging the document itself.
- You were left out of a will you expected to be included in, or your share changed sharply and recently, close to when the will was made.
- You are an executor or personal representative and a beneficiary is threatening a claim, or has already brought one, against you.
What happens after you hire one
- A first consultation, where the lawyer works out what deadline applies to your situation and whether you have standing to bring or defend a claim at all.
- Evidence gathering: medical records for a capacity argument, communications and financial records for undue influence or mismanagement, and the estate's own accounting where one exists.
- Filing the formal challenge or objection, or responding to one if you are defending the estate.
- Negotiation. Many disputes like this settle before trial, once both sides can see the strength of the evidence.
- Trial, in the minority of cases that do not settle.
How this differs from hiring an estate-planning attorney
The lawyer who drafted the will or trust is not necessarily the right person to fight about it in court. How to choose a probate litigator covers what to look for in someone who is, and the questions worth asking at a first consultation.
Checking whether a prospective litigator holds a recognized credential in this specialty is one more data point. ACTEC Fellow vs. board certification describes what each credential actually verifies, and California's certified specialist program and Florida's board-certified estate lawyers each cover a state-run version of that same idea, including how to check a named attorney's status directly.
What it costs
Fees depend heavily on how far a dispute goes and how it is structured. What it costs to contest a will sets out the published ranges and the two ways probate litigators typically charge.
This page is general information, not legal advice. It does not tell you whether you have a claim, what your deadline is, or what a court would decide. Contest windows are often short and state-specific; if you think you may have a claim, speak to a lawyer promptly.
Think you may have a claim?
Tell us roughly what has happened. We pass your details to a lawyer practising in contested estates in your area. This is not legal advice and no lawyer and client relationship is created by using this form.