What is probate litigation?

Probate litigation is a legal process used to resolve disputes related to the probate process. Probate is the process of administering a deceased person’s estate, and probate litigation is a lawsuit brought by an individual within the probate process. Probate litigation can involve issues such as contesting a will, challenging the validity of a will, or disputing the decisions of an executor or administrator. In Virginia, any interested party may initiate probate litigation. This includes beneficiaries of the estate, creditors of the estate, the executor or administrator, or anyone who believes they were wronged in the probate process. The lawsuit can be filed in the probate court or the County Circuit Court. Probate litigation can take a significant amount of time and money to resolve, especially if the case goes to trial. The probate court may require the parties to attempt to resolve disputes through mediation or settlement before the case goes to trial. If a settlement is not possible, the parties must present evidence and legal arguments to the court and the judge will make a decision based on what they determine is in the best interests of the estate. Probate litigation can be complicated and emotionally charged, so it’s important to get experienced legal advice before engaging in a probate lawsuit. A lawyer can help you understand your rights and explore all the options for resolving your dispute.

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What is probate litigation?

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