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Your petition alerts the probate court and the estate that you are contesting the will. If your case is not settled, it goes to court where you’ll make your argument about why the will should be ...
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. [1] In some jurisdictions, such courts may be referred to as orphans' courts [ 2 ] or courts of ordinary.
According to a Boston-area estate planning attorney quoted in Consumer Reports (March, 2012), "A typical will contest will cost $10,000 to $50,000, and that's a conservative estimate". [1] Costs can increase even more if a will contest actually goes to trial, and the overall value of an estate can determine if a will contest is worth the expense.
The Uniform Probate Code (UPC) §§ 2-517 and 3‑905 allow for no contest clauses so long as the person challenging the will does not have probable cause to do so. [2] The full wording is: A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is ...
After the testator has died, an application for probate may be made in a court with probate jurisdiction to determine the validity of the will or wills that the testator may have created, i.e., which will satisfy the legal requirements, and to appoint an executor. In most cases, during probate, at least one witness is called upon to testify or ...
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