The Elder and Disability Law Firm, APC
Filing a probate claim when estates are contested
A major goal for many California estate holders is to prevent probate issues after their passing. However, when issues arise with a will after a person's death, the primary way to resolve the dispute is by filing a probate claim. Once the estate of the deceased individual has been entered into probate, a person making a claim can file a statement with the court that is handling the estate's probate process.
In general, probate is handled in the area where the estate holder lived during their life. This means that the claim may need to be made in their home area, even if the person making the claim lives somewhere else. Probate typically begins when the executor of the will or another party appointed by the court is named the personal representative of the estate and sworn in. The personal representative will usually then be required to issue a public death notice in a local newspaper.
While probate practices vary from state to state, claims can be filed by the court. Usually, there are forms provided by the court in order to provide a standard mechanism to pursue a claim. As part of the statement, a person making a claim will need to specify the specific claim and amount of money they are seeking as well as the justification for making a claim against the estate.
Probate battles can often be lengthy, expensive and tiring. Therefore, many estate holders want to ensure that their beneficiaries do not need to waste time in court and squander assets in a court battle. An estate planning attorney can help a client develop important documents like wills and trusts as well as non-probate transfers to help ensure a smooth transition.