Whether you have been named as estate executor in a will or appointed administrator by the court, you probably want things to flow smoothly. Unfortunately, if someone challenges the deceased’s will, you can expect complications.
If a challenge arises, your role is properly managing the estate while addressing legal concerns. The following steps can give you a sense of what to expect of the process and help you protect the estate’s integrity.
Confirm the validity of the challenge
Not all contests hold legal weight. Review the reasons behind the challenge to move forward confidently. Acceptable grounds can include undue influence, fraud, lack of capacity or even improper will execution.
Continue administering the estate
Even if a challenge is filed, you must continue your duties as estate administrator. Ensure bills are paid, assets are managed and beneficiaries receive updates while following any instructions issued by the court.
Gather relevant documentation
You may need to provide medical records, financial documents or witness statements to defend the will’s validity. Any communication related to the testator’s wishes or legal filings from the drafting process can be valuable.
Maintain transparency with beneficiaries
Clear communication can ease tensions and prevent further disputes. Work to keep beneficiaries and other interested parties informed about the legal process and estate status to demonstrate fairness and professionalism.
Prepare for probate court proceedings
If the challenge moves forward, a judge will review evidence and decide on the will’s legitimacy. Keep your documentation updated and organized and be prepared for hearings, potential depositions and legal filings.
A will contest can prolong the estate administration process and cause distress to beneficiaries and yourself. Legal guidance can help you handle the challenge effectively and maintain control over estate affairs at the same time.