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Understanding Probate Litigation:
What You Need to Know

March 20, 2023

Probate is the legal process of settling a deceased person's estate, which involves identifying and distributing assets, paying debts and taxes, and transferring property titles. While probate is designed to be a straightforward process, disputes may arise between beneficiaries or other interested parties. When these disputes cannot be resolved through negotiation or mediation, probate litigation may become necessary.

What is Probate Litigation?

Probate litigation refers to any legal dispute that arises in connection with the probate process. This can include challenges to the validity of a will or trust, disputes over the distribution of assets, claims by creditors, allegations of fraud or undue influence, and more.

Probate litigation can be complex and emotionally charged. It typically involves multiple parties with competing interests, including family members, beneficiaries, creditors, and attorneys. As such, it's essential to have an experienced attorney who specializes in probate litigation on your side.

Common Types of Probate Litigation

Here are some common types of probate litigation:

Will Contests

A will contest is a legal challenge to the validity of a will. This can happen when someone believes that the deceased person did not have the mental capacity to create a valid will or was unduly influenced by someone else.

Beneficiary Disputes

Beneficiary disputes can occur when there are disagreements among heirs over how assets should be distributed. This can include issues related to inheritance rights, interpretation of trust provisions or other matters related to asset distribution.

Claims by Creditors

Creditors may file claims against an estate if they believe they are owed money by the deceased person. These claims must typically be resolved before assets can be distributed to heirs.

Breach of Fiduciary Duty

Executors and trustees have a fiduciary duty to act in the best interests of beneficiaries. If they breach this duty by mismanaging assets or engaging in self-dealing activities, they may face legal action from beneficiaries.

How Can Probate Litigation Be Resolved?

Probate litigation can be resolved through various methods depending on the nature of the dispute:

Negotiation: In many cases, disputes can be resolved through negotiation without resorting to formal court proceedings.

Mediation: Mediation involves bringing all parties together with a neutral third party mediator who helps them reach an agreement outside of court.

Arbitration: Arbitration is similar to mediation but involves submitting disputes for resolution by an arbitrator rather than a judge.

Trial: If all other methods fail or if one party refuses to participate in alternative dispute resolution methods then trial becomes necessary where both sides present their case before a judge who makes final decisions regarding disputed issues.


Probate litigation can be stressful and complicated for all involved parties but having an experienced attorney who specializes in probate litigation can make all the difference in navigating it successfully. If you find yourself involved in probate litigation whether as an executor/trustee/beneficiary/creditor then consult with an attorney immediately so that you understand your rights and options under Georgia law.

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