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Probate litigation refers to any formal legal dispute that arises during the court-supervised process of administering a deceased person’s estate. When an issue cannot be resolved amicably among the heirs or between the heirs and the executor, an interested party may file a lawsuit. This action turns a standard administrative probate proceeding into a contested, adversarial case that must be decided by a judge. These disputes can range from challenges to the validity of the will itself to conflicts over the executor’s actions.

A probate litigation lawyer is a trial attorney who specializes in representing clients in estate-related disputes. They act as an advocate in court battles, whether they are representing a disinherited heir contesting a will, beneficiaries suing an executor for mismanagement, or an executor defending their actions against a legal challenge. Their work involves conducting factual investigations, gathering evidence through formal legal discovery, filing motions, negotiating settlements, and, if necessary, arguing the case at trial.

The primary legal grounds for contesting a will typically involve questioning the circumstances under which it was created. These grounds include a lack of testamentary capacity, which argues the deceased was not of sound mind when signing the will. Another common claim is undue influence, where it is alleged that a third party coerced or manipulated the deceased. Other valid reasons for a contest include fraud, if the deceased was deceived into signing the document, or improper execution, if the will was not signed or witnessed according to strict legal formalities.

To legally remove an executor, an heir or beneficiary must petition the appropriate court, like the Regional Trial Court (RTC), and provide evidence that the executor is unfit. Common grounds include a serious breach of fiduciary duty, such as mismanaging or stealing assets, deliberately ignoring the will or court orders, gross incompetence in handling estate matters, or having a clear conflict of interest that harms the estate’s beneficiaries.

A breach of fiduciary duty is a violation of the executor’s fundamental legal obligation to act with the highest degree of loyalty and care in managing the estate for the benefit of the heirs. This can include a wide range of misconduct, such as using estate funds for personal expenses (self-dealing), selling estate property for below fair market value, making improper or risky investments with estate assets, or failing to provide a complete and accurate accounting of all the estate’s financial transactions to the beneficiaries.