What is probate litigation?

Probate litigation is the process of legally contesting a will or trust when a dispute arises in the probate court. In Oregon, probate litigation is a formal court process in which one party files a legal claim challenging a will or trust document. This is known as a “contested will” or “contested trust.” The reason for the litigation could range from issues such as mistakes in the drafting of a will, to more significant issues such as errors in the execution of the will. In the case of a trust, someone could challenge the trust document itself or even the actions of the trustee. The first step in probate litigation is the filing of a lawsuit in the proper probate court. The party challenging the document or trust will then have to prove to the court that the document or trust contains errors. As part of the litigation process, both sides can present evidence and legal arguments to the court. Witnesses may also be called to give evidence and the court will make a ruling based on the facts presented. Depending on the complexity of the case, it can take a great deal of time and effort to resolve a probate dispute in Oregon.

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What is probate litigation?

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