As an executor (also known as a personal representative), you probably pictured a pretty straightforward probate. You’d gather assets, pay off debts and then distribute what’s left according to the will’s instructions. Unfortunately, things don’t always unfold so smoothly.
A will contest can catch you flat-footed and complicate the probate process. Suddenly, you’re dealing with family tensions, legal disputes and delays you never expected. Here’s what to do as an executor if the will is contested.
Understand your role
You’re in charge of the estate during probate as the personal representative, even if someone contests the will. This means safeguarding property, ensuring bills and taxes are paid on time and representing the estate in any legal proceedings.
Examine the reasons for the contest
You’ll need to understand why the will is being contested. Is it a dispute among beneficiaries or a challenge to the will’s validity? It’s not your job to determine whether the claims are true. That’s up to the court. Your role is to ensure that the estate has a proper defense. The more you understand the specific allegations, the better equipped you’ll be to respond efficiently and avoid unnecessary delays.
Explore resolution options
Not every contest needs a courtroom battle. You may be better off looking into non-adversarial methods to resolve the dispute. Mediation, for instance, can help settle things without a lengthy and costly court case. A neutral third party can help work towards a solution that works for everyone rather than taking the matter to court.
California probate law is complex, and a contest only adds to the complexity. Having qualified legal guidance if you encounter such hurdles during probate can help you act in the best interests of the estate and navigate the intricate legal process.