What happens if someone objects to the will?

Probate administration can take up to several years. Uncontested probate involving a clear will not take much time in court to determine the distribution of estates. But if there is a contested will or no will, the probate process can be complicated and take much time. A probate administrator makes the process easier. If your case is complicated, you might need the help of a legal expert. Reach out to the Loughlin Law P.A

What is probate?

Probate is the legal process of distributing the estate of a deceased person among the rightful heirs. If a will or testament mentions the distribution of estates, the court distributes the estates according to the will. If the will is contested, the process can be long. The judge will see if the person who has contested has a valid reason. If there is no will at all, the court will see who are the rightful heirs and distribute the estates accordingly.

Who can file an objection to the probate will?

Some parties can object to the will. The court only recognizes the people affected by the deceased person’s death as valid parties who can file an objection. These parties can include – 

  • Spouse 
  • Heirs
  • Trustee
  • Blood-related siblings

Valid reasons to contest the probate will

Although all interested parties are provided the free will to contest for probate will, there are only some valid grounds the parties can contest for the will.

  • If there is a wrongful execution of the will, the will is not drawn, signed, and witnessed according to the state laws.
  • If there was a lack of intent, or the decedent lacked the mental capacity to understand the reason for the will at the time it was signed.
  • If the decedent had no free will to sign the will, the person was forced to sign the will, and the whole process was under the influence of fraud.
  • If the decedent made a mistake, or the person didn’t know which document they were signing.
  • If there was a forgery of the decedent’s signature.

If someone disagrees with the will, they may file a petition to the court against the will. The person can only show these valid grounds for filing an objection. The court will then ask the executor to respond to the petition. There will be legal proceedings in the court to see if the petition is valid. The court will then divide the estate accordingly.