What Is the Legal Process of a Probate Litigation?

If you’ve recently lost a loved one, you may be encountering unfamiliar legal matters involving their estate. One of those matters might be probate litigation, which arises when a legal dispute comes up during the probate process that couldn't be settled through negotiation or alternative resolution processes. Whether it’s disagreements over a will, asset distribution, or an executor’s role, these disputes can create emotional strain and financial uncertainty.

It’s important that you understand the probate process, key players and timelines, and what types of evidence impacts decisions in probate cases. At Lewis & Van Sickle, LLC, our firm provides compassionate representation and well-crafted strategies for the trying times of a probate case in Green Bay, Wisconsin, and the surrounding areas. 

The Basics of Probate Litigation

Probate litigation refers to legal challenges that arise during the probate process, which is the legal procedure used to distribute a deceased person's assets. Unlike uncontested probate, which proceeds smoothly through the courts, litigation involves disputes that require court intervention. Common reasons for probate litigation include:

• Disputes over the validity of a will

• Accusations of undue influence

• Concerns about an executor’s conduct

• Disagreements among beneficiaries

• Claims from creditors or omitted heirs

A probate attorney plays a central role in resolving these disputes. They analyze documents, communicate with the court, advocate for your interests, and help move the process forward. Their support can prevent misunderstandings and keep tensions from escalating, as well as streamline and simplify. 

The Beginning Stages

Probate litigation often begins when someone contests the will or raises objections about how the estate is being handled. Common triggers for litigation include a sibling believing the will was changed unfairly, a beneficiary suspecting the executor isn’t being honest, or a creditor demanding repayment before assets are distributed.

Other disputes may arise if someone excluded from the will when they believed they were promised assets. Once these issues are raised, the court may pause the probate process until they’re resolved. This would be an ideal time to contact a professional, like our firm at Lewis & Van Sickle, LLC, to step in to represent the estate, a beneficiary, or additional party. 

Filing the Petition 

The first formal step in probate litigation is filing a petition with the probate court. This petition may challenge the validity of the will, seek the removal of an executor, or assert a claim to a portion of the estate. A probate attorney typically prepares this filing with great care, reviewing all pertinent documents, including wills, codicils, trust instruments, and financial records.

The attorney helps identify strong legal arguments and presents them clearly and persuasively to the court. Once the petition is filed, it must be served to all interested parties, including other heirs or beneficiaries. These parties are then given the opportunity to respond, often with the assistance of their own legal counsel.

Discovery and Gathering Evidence

Once all parties are identified and the case is active, the discovery phase begins. This is the legal process of gathering evidence, and it may include:

• Depositions

• Document requests

• Subpoenas

• Witness interviews

A probate attorney uses this stage to build a solid case. They may uncover emails, bank records, medical evaluations, or testimony that supports your claims. At the same time, they’ll analyze the opposing party’s evidence to prepare a defense or rebuttal. Discovery is often the most detailed and time-intensive phase.

Settlement Discussions and Mediation

While probate litigation issues often end up in the courtroom, many cases are resolved through settlement discussions or mediation, which are often more efficient paths to resolution. These alternatives to trial can save time, reduce legal costs, and help families move forward with less conflict.

During this stage, a probate attorney negotiates on your behalf to protect your interests. They may suggest practical compromises that align with your goals or help facilitate a mediation session with a neutral third party. If mediation is successful, the resulting agreement is presented to the court for approval, bringing the litigation to a close without the need for a trial.

Trial and Court Ruling

If settlement talks fail to resolve the dispute, the case proceeds to trial. At this stage, the probate judge listens to arguments, reviews evidence, and ultimately makes a binding decision. The courtroom becomes the setting where each side presents its strongest case. The formal nature of a trial requires careful preparation and strict adherence to legal procedures.

During the trial, a probate attorney represents you with focus and professionalism. They question witnesses, present exhibits, and cross-examine opposing parties to support your position. Once the trial concludes, the judge issues a ruling that may confirm or overturn the will, remove an executor, award financial compensation, or determine how assets are distributed.

Post-Decision Steps in Probate 

After the court rules, the probate process either continues or concludes, depending on the outcome. The court’s decision determines what actions must follow and how the estate will be managed. These next steps can vary significantly based on the specifics of the ruling. For example:

• If a will is upheld, assets are distributed accordingly.

• If a will is invalidated, the estate may pass by intestacy.

• If an executor is removed, a new one is appointed.

• If damages are awarded, they’re paid from the estate.

Your probate attorney will help you interpret the ruling and make sure all required steps are taken. Whether you’ve won, lost, or reached a compromise, their role is to make sure the court’s decision is properly implemented. Their ongoing guidance helps bring the probate process to a clear and lawful conclusion.

Common Legal Grounds for Litigation

Let’s explore some of the common legal arguments used in probate litigation. One is lack of testamentary capacity, which claims the deceased didn’t have the mental ability to understand the will they were signing. A probate attorney may use medical records or witness testimony to either support or refute this claim.

Another argument is undue influence, which suggests someone manipulated the deceased into altering their will. Attorneys often investigate signs of financial control, social isolation, or power imbalances in key relationships. Other claims include breach of fiduciary duty, where an executor or trustee is accused of mismanaging the estate, and forgery or fraud. 

Deadlines and Cost Factors

One of the most important aspects of probate litigation is timing. Waiting too long could mean losing the right to contest anything. A probate attorney understands these deadlines and works quickly to protect your case. They file documents on time, respond to court orders, and monitor your matter from start to finish. 

The cost of legal representation varies depending on how complicated the case is and how long it takes to resolve. That said, the value of hiring a probate attorney often far outweighs the cost. Discuss fees upfront and choose an attorney who offers transparency and communication throughout. 

Ways a Probate Lawyer Supports Families

Probate litigation can stir up painful emotions, especially when it involves siblings or long-standing relationships. In these difficult times, a probate attorney offers a steady, objective presence to help manage the tension. Their support is crucial throughout the complicated probate process.

Here’s how they help: they provide legal clarity so you understand your rights, options, and obligations. They handle all legal procedures, from filings to court appearances, managing the entire process. Additionally, they protect your interests by advocating for a fair and lawful outcome.

A probate attorney also reduces your stress by sharing the burden and guiding you through each step. Their experience often improves outcomes, leading to quicker and more favorable resolutions. Whether you’re contesting or defending a will, having a knowledgeable attorney is an invaluable asset.

Reach Out to an Attorney

Probate litigation isn’t something anyone hopes to go through, but when disputes arise after a loved one passes, legal clarity becomes essential. At Lewis & Van Sickle, LLC, we provide compassionate support and results-oriented strategies for probate in Northeast Wisconsin and the greater Green Bay, Wisconsin, including Oconto, Shawano, Kewaunee, and Sturgeon Bay, Wisconsin. Contact us today, and let our firm guide you with personalized service, clear communication, and tailored solutions.