While often used interchangeably, probate litigation and estate litigation are two distinct legal processes that arise when disputes occur over a deceased individual’s assets. This can impact heirs, beneficiaries, and executors of an estate. Understanding the differences between these processes is important for knowing which type of litigation to pursue when navigating disputes.
What Is Probate Litigation?
When legal disputes occur during the probate process, it is referred to as probate litigation. This typically will be submitted to a court and deals with challenges to a will’s validity, as well as executor misconduct and claims from creditors seeking repayment from the estate. Will contests are the most common probate litigation matter, where heirs dispute the will due to lack of testamentary capacity, accusations of undue influence, or suspected fraud. Since probate litigation focuses on ensuring the estate is administered correctly, this is handled in probate court in order to ensure proper estate distribution according to the law.
What Is Estate Litigation?
Unlike probate litigation, estate litigation can occur before or after the probate process. Because it extends beyond probate litigation, it covers a broader range of conflicts, including trust disputes, asset ownership disagreements, and claims of financial misconduct. The most common estate litigation cases involve challenging a trustee’s actions, especially when it comes to trust claims of misconduct. This is particularly true when it involves allegations of fraud, undue influence, or financial abuse by a trustee.
Key Differences Between Probate Litigation and Estate Litigation
While probate litigation and estate litigation both deal with inheritance disputes, they differ in both timing as well as legal scope. Probate litigation is specifically focused on the validity of a will as well as disputes that arise during the probate process. This can include challenges to a will’s legitimacy as well as executor misconduct, or creditor claims against an estate. Estate litigation differs significantly in that it can happen before, after and during the probate process, especially when hidden assets, fraud, or trust mismanagement are discovered afterwards. It also covers a broader range of disputes, including trust litigation, asset mismanagement, and financial abuse claims that may occur outside of probate. Another key distinction between the two is the involvement of trusts. Because trusts typically bypass probate, disputes involving a trustee’s mismanagement or improper distribution of assets fall under estate litigation instead of probate litigation. This adds complexity to estate litigation as it often requires legal intervention beyond the probate court system. Finally, there is a difference in legal outcomes. Probate litigation determines whether a will is valid and ensures proper probate administration. Estate litigation can lead to asset recovery, fiduciary removal, or financial restitution for mismanaged funds.