The probate process is an important step in administering a deceased person’s estate. Occasionally, disputes arise that necessitate probate litigation. Common triggers can include concerns of undue influence that result in the deceased feeling forced to sign a will or that the deceased did not understand the nature of the signing.
It is important to navigate these disputes wisely, as information brought up during probate litigation may become public. Although probate litigation is notoriously a problem for the famous, it can also be a problem for those who are not in the limelight but wish to keep business interests and other financial information private.
Those who need to move forward with probate litigation can mitigate the risk of information becoming public and increase the efficiency of the process by gaining a basic understanding of how the probate litigation process works. It involves several key steps, which often begin with filing a petition to contest the will in the probate court. At this point, the law often requires the filing party to notify all beneficiaries named in the will and any others who may have a claim before moving forward.
What is the timeline for probate litigation?
The duration of probate litigation in Colorado can vary based on the complexity of the case and court schedules. Generally, the process follows this timeline:
- Initiation: Filing the petition shortly after the will is admitted to probate.
- Discovery: Gathering evidence can take several months.
- Trial: Varies depending on court availability.
- Resolution: Includes potential appeals, extending the timeline further.
Probate litigation can significantly impact the distribution of the estate and the relationships between beneficiaries and may lead to complex legal battles. Anyone considering challenging a will is wise to consult with an attorney with experience in this niche area of law who can provide guidance tailored to the specifics of the case.