What Does a Probate Litigation Attorney Do?

What Does a Probate Litigation Attorney Do?

Written by Deepak Bhagat, In Law, Published On
January 10, 2023

Probate litigation attorneys are hired by clients to handle executory estate matters and property disputes. An executor is a person who manages the deceased individual’s estate after their death. The executor is responsible for completing any ongoing legal or financial transactions with the deceased person’s assets, according to probate law. If a probate litigation attorney is working with an executor, they may contact the beneficiaries of the estate. If there is any outstanding dispute with the property, they will schedule a meeting with them. The meeting will include a discussion of the executor’s findings regarding the deceased person’s estate. If there are any outstanding legal issues, they will discuss which parties must consent to any proposed changes in probate law. The possible options for the future of the estate require the probate litigation attorney’s input.

When a person dies, their assets are divided among their beneficiaries and go through probate court. If the deceased person’s will has provisions that are not legal, the probate litigation attorney may represent the beneficiaries in court. If there is a dispute among those who are entitled to inherit the assets, they may consult with a probate litigation attorney. The inheritance rights of children and spouses are protected under probate law and sometimes may be challenged by siblings or other family members. The probate litigation attorney will assist in establishing an appropriate legal strategy that follows state law while still protecting their client’s interests.

What Does a Probate Litigation Attorney Do?

Probate litigation definition:

A probate litigation attorney is one who represents beneficiaries in a legal proceeding after the death of a testator and often includes a variety of matters pertaining to probate in this definition. The specifics and scope of the probate litigation attorney’s practice often depend on what sort of cases are brought before them. For example, some attorneys handle matters involving bulk will trusts and endowments, personally owned assets, small estates, and traditional real estate.

Probate litigation attorneys often handle legal issues in probate court as well as other courts that have jurisdiction over estates. The cases are frequently brought before probate judges, but the attorneys may also represent beneficiaries in other courts, such as the family court, depending on their clients’ needs. This is because probate litigation attorneys often handle multiple matters for the same clients.

Is a probate litigation attorney the same as a probate litigation lawyer?

Many use the terms probate litigation attorney and probate litigation lawyer interchangeably, but there are a few notable differences between the two. A probate litigation lawyer is similar to a general practitioner who takes on a wide variety of cases. A probate litigation attorney, on the other hand, is normally focused on one area of the law. This usually means that they are more knowledgeable about that particular aspect of law than someone who does not solely practice in that area of the law. For example, an attorney who handles will trusts knows a lot about the law surrounding this type of case. They may also handle all types of probate matters to ensure that each client’s case is properly managed.

What are the duties of a probate litigation attorney?

Probate litigation attorneys have many duties and responsibilities that must be met in order to ensure their clients’ interests are protected. Key among these duties is the requirement to diligently research the law surrounding a probate issue. The lawyer must familiarize themselves with all relevant statutes, rules, procedural rules, and regulations that relate to the probate matter. The attorney must also understand the facts of the case and whether or not there are any potential conflicts of interest that may arise when dealing with different parties. There are other duties and responsibilities of the lawyer that are also necessary in order to properly represent the client’s interests. First, the lawyer must understand the client’s goals and interests. To do this, they must listen carefully to what the client tells them they want to be done with their estate and how far-reaching those wishes actually are.

When do I need to hire a probate litigation attorney?

A probate litigation attorney will be needed whenever there is a dispute over the contents of the estate plan. This may happen because of the deceased person’s will instructions or because someone wants to contest the instructions of their parent’s estate plan. An attorney may also be needed if someone is making decisions for an incapacitated individual regarding their finances. There may be disputes about whether specific parties receive a distribution, who pay taxes, and other such issues.

An attorney is also needed when there are questions about whether the personal representative or executor used their authority properly. Most often, this means that the representative or executor is not managing the estate according to legal guidelines. He or she may have failed to pay taxes on income or failed to file appropriate documents with the probate court.


A probate litigation attorney has a number of responsibilities as well as duties to their clients. In order to meet those responsibilities, they must thoroughly research the law and facts related to their client’s case. They must pay close attention to their instructions from the client regarding the case and be careful not to commit any ethical violations. The attorney must also be sure that all statutory, procedural, and fee requirements are met in order for them to properly represent the interests of their clients.

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