How are disputes resolved during probate?

When disputes arise during probate in California, there are various ways they can be resolved. The most common methods are negotiation and litigation. Negotiation involves all parties in the dispute coming together and working out a fair settlement in an informal setting. This usually involves parties agreeing to exchange money or property to resolve the dispute. A neutral third party such as a mediator may also be involved to help facilitate the negotiation. Litigation is the second most common way disputes are resolved. This involves taking the dispute to court, where a judge will make a ruling based on evidence presented in the case. This is a more formal process than negotiation and may require attorneys, who will argue the case on behalf of each party. In rare cases, disputes may be resolved using alternative dispute resolution, such as arbitration. This is similar to litigation, but takes place before a neutral third-party arbitrator. This method is often used when the parties involved in the dispute agree that a court ruling is not necessary. No matter which method is used to resolve a dispute during probate, fairness is the ultimate goal. If a dispute cannot be resolved amicably, the parties may need to seek outside help. Both negotiation and litigation are available to help settle disputes during probate in California.

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