Can probate be contested?

Yes. Interested parties may challenge the validity of a will or contest aspects of the probate administration. Common claims involve undue influence, lack of mental capacity, fraud, improper execution of documents, or allegations that someone improperly manipulated the deceased person late in life.

Will contests can substantially increase costs, delays, and family conflict, particularly when there are prior estate plans or unequal distributions among children. Proper planning, medical documentation, and careful drafting during life often reduce the likelihood of these disputes.

 

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.