What is Probate Litigation?
Probate litigation occurs when an interested party raises a dispute or makes a claim during the probate process. As a beneficiary, executor, or other stakeholder, you may need to protect your interests when conflicts arise over a deceased person's estate.
These disputes can involve challenges to the validity of a will, accusations of misconduct by the executor, disagreements over asset distribution, or claims that someone exerted undue influence over the decedent.
When estate conflicts emerge, having an experienced probate litigation attorney is essential. The court allows limited time for evidence and testimony, and procedural errors can result in unfavorable outcomes.
Types of Probate Litigation
We handle a wide range of estate disputes
Will Contests
Challenge the validity of a will based on lack of testamentary capacity, improper execution, fraud, or undue influence. These cases require swift action as strict deadlines apply.
Breach of Fiduciary Duty
Hold executors, trustees, or administrators accountable when they fail to act in the best interests of the estate or beneficiaries, including self-dealing or mismanagement.
Beneficiary Disputes
Resolve conflicts between beneficiaries over asset distribution, interpretation of will provisions, or disputes about who is entitled to receive specific property.
Undue Influence Claims
Prove that someone improperly pressured or manipulated the decedent into changing their estate plan, taking advantage of a position of trust or the decedent's vulnerability.
Executor Fee Disputes
Challenge excessive fees charged by personal representatives. Our attorney can present evidence to the court and demand inappropriate fees be returned to the estate.
Trustee Removal
Seek removal of a trustee for self-dealing, lack of administration, abuse of discretion, excessive fees, conflict of interest, or other breaches of their duties.
Grounds for Contesting a Will
Washington law allows interested parties to contest a will under specific circumstances. If you believe a will does not reflect the true intentions of the decedent, you may have grounds to challenge it.
- Lack of Capacity: The testator did not understand the nature and extent of their property or the effect of signing the will
- Undue Influence: Someone exerted improper pressure that overcame the testator's free will
- Fraud: The testator was deceived about the contents or nature of the document they signed
- Improper Execution: The will was not signed or witnessed according to Washington law requirements
- Forgery: The signature or document was falsified
Formal Accountings & Financial Disputes
When an executor or administrator is not providing adequate information about estate finances, or you suspect self-dealing or mismanagement, you can petition the court to compel a formal accounting.
A formal accounting shows all assets collected, what happened to those assets, any gains or losses, and the distribution plan. If the numbers don't add up, the executor may be personally liable for any shortfall through a process called "surcharge."
Our attorneys can help you:
- Petition the court for a formal accounting
- Interpret and analyze complex financial records
- Identify discrepancies and file appropriate objections
- Pursue surcharge actions against negligent fiduciaries
Why Choose Our Probate Litigation Team
Experienced advocates for your estate dispute
Focused Practice
We concentrate exclusively on estate and probate matters
Protect Your Rights
Aggressive advocacy for your rightful inheritance
Time-Sensitive
We act quickly to meet strict court deadlines
Clear Communication
We explain complex legal matters in plain language
Need help with an estate dispute? Learn more about our probate services or contact us today.