What is probate litigation?

Probate litigation is the legal process by which disputes about wills are heard and decided. Probate litigation typically arises when a person’s will is challenged in a court of law, usually because the person was not competent at the time the will was made or because the will was not properly executed. In Delaware, disputes concerning a will, trust, or other estate matter, such as the validity of a will or trust or the interpretation of the terms of a will or trust, are handled in the Court of Chancery. The Court of Chancery is a court of equity, meaning that it has broad discretion in resolving disputes and can grant relief such as providing monetary damages or other equitable relief. Probate litigation typically involves a number of parties, including the executor or personal representative of the estate, the beneficiaries of the estate, and any creditors who are owed money from the estate. The parties must be able to provide evidence and arguments to support their position. The court can then decide the outcome of the dispute by granting relief or dismissing the case.

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What is probate litigation?

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