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For Estate Planning, Estate Administration And Disputes

Can you contest an estate if there is no will?

On Behalf of | Jul 31, 2024 | Estate Administration & Probate |

During an estate’s administration, it is not uncommon for disputes to arise. These disputes often lead to estate contests, challenging the validity of the will or its provisions.

Interestingly, even in the absence of a will, it is possible to contest an estate. This, however, does not mean the applicable state’s intestacy rules will stop taking effect. Understanding when and how an individual can initiate such a contest is crucial for anyone involved in the complex process of probate and estate administration.

Who can contest?

Individuals who believe they have a rightful claim to part of the estate can raise a contest in probate court. The same goes for people who disagree as to who the heirs of the estate should be. As long as the challenger has an interest in the estate, they may contest it.

What are the grounds to contest?

Common reasons to contest an estate, even without a will, include the following:

  • Disagreement about kinship or heirship (e.g., cases involving half-siblings, non-marital children or distant relatives)
  • Disputes about the shares heirs are supposed to receive
  • Issues related to the administration of the estate (e.g., challenging the appointed representative’s qualifications)
  • Claims of debts and obligations from creditors

These contests can delay the estate’s distribution and lead to prolonged legal battles among potential heirs and other interested parties.

What should your first step be?

If you believe there is a ground to contest your deceased loved one’s estate, it is advisable to consult with an attorney who is experienced in probate and estate law. They can provide guidance tailored to the specific circumstances of your case. This will allow you to understand your rights and make informed decisions according to the proper procedures and rules.