What is probate litigation?

Probate litigation is a legal process that is used by those contesting a will in West Virginia. It is also used if there is a dispute concerning the estate of a deceased person. When someone dies, their estate may have to go through the probate process to be distributed to the beneficiaries. Probate litigation is initiated when someone disputes the will. For example, a beneficiary may disagree with the distribution amount, believe that something was unfairly left out of the will, or challenge the validity of the will. It is also possible for someone to challenge the appointment of a personal representative or executor. When probate litigation is necessary, the court will hear arguments from both sides and make a decision. The court may determine that a will is valid or invalid, or it may determine that changes need to be made to the distribution of the estate. The court may also decide that someone was wrongfully appointed or needs to be removed as personal representative or executor. Once a decision is made, it will be binding and enforced by the court.

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