Steps to Take if You’re Involved in a Contested Probate Case
Aug. 6, 2025
When a loved one passes away, the last thing you want to deal with is a legal battle over their estate. However, in some cases, disagreements arise over the validity of a will, the distribution of assets, or the proper handling of the deceased's affairs.
In California, contested probate cases can become complicated, emotional, and expensive. Understanding the steps you need to take can help protect your rights and facilitate the fair distribution of your loved one’s assets.
An experienced Los Angeles probate lawyer like me, Attorney Paul D. Cass, can guide you through this process. Let’s explore the essential steps to take if you’re involved in a contested probate case in California and the importance of working with an attorney throughout the process.
1. Understand What a Contested Probate Case Is
A contested probate case occurs when there is a dispute over the deceased person's will or estate administration. This dispute could involve:
The validity of the will.
Whether the deceased person’s wishes were properly followed.
The fairness of asset distribution.
The appointment of the executor or administrator of the estate.
Probate disputes can arise for many reasons, including disagreements among family members, challenges from potential heirs, or accusations of undue influence. In California, a probate court will oversee the process of resolving these issues, and the court’s decision is typically final unless successfully appealed.
2. Review the Will and the Probate Process
The first step in handling a contested probate case is thoroughly reviewing the will, if one exists. The will should outline how the deceased intended their estate to be distributed. However, if the will is unclear, contradictory, or there are accusations of tampering, it can lead to a contested probate case.
The probate process itself begins when the will is filed with the probate court. The court will validate the will, appoint an executor (if not already named), and begin distributing assets. If the validity of the will is contested, the process may be delayed or complicated by legal battles.
With a clear understanding of the will and probate process, it's time to take the next step—gathering your documentation.
3. Gather Relevant Documentation
To strengthen your position in a contested probate case, you’ll need to gather all relevant documents, such as:
The decedent's original will (if one exists).
Financial records, including bank statements, tax returns, and asset documentation.
Correspondence related to the deceased’s estate or instructions.
Medical records or any documents supporting claims of incapacity or undue influence.
Having these documents readily available will make it easier for your probate law attorney to assess your case and argue effectively in probate court. It’s also crucial to preserve any documents that could help demonstrate that the will was executed under duress or when the decedent was mentally incapacitated.
Once you have collected all necessary documents, you can begin to assess whether the case is likely to be resolved through negotiation or litigation.
4. Evaluate the Possibility of Settlement or Mediation
In many cases, a contested probate case can be resolved through negotiation or mediation rather than a lengthy court battle. Mediation allows all parties to meet with a neutral third party and try to come to an agreement that satisfies everyone involved. This is often a quicker, less expensive, and less stressful alternative to litigation.
As you consider the possibility of settlement, it's important to have a probate law attorney by your side. Your attorney will help you assess the strength of your case, discuss possible outcomes, and advise you on whether a settlement or mediation would be beneficial.
If a settlement isn’t possible, the case may need to proceed to litigation. In such a situation, your next step would be to prepare for trial.
5. Prepare for Probate Litigation
If a settlement can’t be reached and the case goes to trial, preparation is critical. Litigation in probate court involves presenting evidence, questioning witnesses, and making legal arguments to persuade the judge to rule in your favor. Your probate law attorney will play a central role in this process, handling all aspects of litigation, including:
Filing necessary legal motions and pleadings.
Gathering additional evidence and deposing witnesses.
Cross-examining witnesses at trial.
Presenting legal arguments and advocating for your position.
It’s important to understand that probate litigation can take time, especially in California, where probate courts are often backlogged. Your attorney will help you stay informed of the timeline and keep you updated on the progress of your case.
While litigation is sometimes unavoidable, it’s essential to remember that working with an experienced probate law attorney can significantly improve your chances of success.
6. Work with a Probate Law Attorney
Probate law in California is intricate, and managing a contested case without professional legal representation can lead to costly mistakes. A probate law attorney has the knowledge and experience necessary to guide you through probate law. Here are some of the benefits of working with a probate law attorney in a contested probate case:
Knowledge of probate law: A probate law attorney has in-depth knowledge of California probate laws and procedures, making sure your case is handled correctly.
Strong legal representation: An attorney can represent your interests in court, whether you're defending the validity of a will or seeking to enforce the deceased's wishes.
Mediation and settlement support: A skilled attorney can help facilitate negotiations and settlement discussions to avoid lengthy litigation.
Efficient case management: Probate law attorneys can help organize documents, gather evidence, and make sure all deadlines are met, saving you time and stress.
Once you have chosen your attorney, the next step is to stay informed and engaged throughout the process.
7. Stay Informed and Communicate Regularly With Your Attorney
Throughout the probate process, staying informed and maintaining regular communication with your attorney is vital. You should:
Ask for updates on the status of your case.
Review all documents your attorney prepares or files on your behalf.
Provide any additional information or evidence that may arise during the proceedings.
By staying involved, you can make sure that your case is moving forward as efficiently as possible. Your attorney can advise you on what to expect next and provide counsel on any decisions you may need to make during the probate process.
Once the case reaches its conclusion, whether through settlement or a judge’s ruling, you’ll want to make sure that the assets are distributed fairly and according to the will.
8. Facilitate the Fair Distribution of Assets
Once the contested probate case has been resolved, either through settlement or litigation, the next step is making sure that the assets are distributed according to the court’s ruling. The appointed executor or administrator will typically be responsible for managing this process.
However, it’s important to verify that all assets are distributed in compliance with the will or the probate court’s judgment.
If there are any discrepancies or concerns about the distribution process, your probate law attorney can assist in addressing them. This way, you or your loved ones receive the assets that are rightfully yours.
Speak to a Probate Attorney Today
By understanding these steps and working closely with a probate law attorney like myself, you can manage this complicated process with greater confidence and clarity. I’m proud to serve clients in Los Angeles, California, as well as Burbank, Inglewood, Glendale, Pasadena, and throughout Los Angeles County, Orange County, Riverside County, and San Diego County. Contact my firm, Paul D. Cass, Attorney at Law, today.