What should you do when a will goes to probate?

On Behalf of | Jan 25, 2023 | Probate Litigation

If your loved one died and left a will in which you are named, a legal process may follow. The probate process can be complex, but you can understand it with guidance, avoiding costly mistakes.

Once the appointed executor files the will with the probate court, you will be notified. Here is what you should do next.

Go through the copy of the will

The executor should send you a copy of the will if you are an heir, a beneficiary or any other named party. Read the will carefully to spot any mistakes. You may also contact them to clarify some of the clauses.

File a complaint with the probate court

If you believe the will has a mistake, perhaps the share you received is not what you were promised, or you disagree with the appointment of the executor, you need to file a complaint with the probate court. Other grounds include if the testator was not of sound mind when creating the will, improper execution of the will and the use of undue influence on the testator.

You need to have the necessary evidence to support your claims. For instance, if last-minute changes were made because of undue influence, finding the original will or proof of coercion may be helpful. If the testator was not of sound mind, evidence that indicates so, such as medical records, may strengthen your case.

Further, consider crucial time frames like the period that you can contest a will in Ohio after the notice of admission of the will to probate. This ensures you develop a timely plan for gathering evidence without losing your right to contest the will.

Taking calculated steps after a will goes to probate is vital. It will be best to learn more about probate litigation to protect your rights.   



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