When a loved one passes away, the administration of their estate is often expected to proceed in an orderly and efficient manner. In California, that process frequently involves probate, which is the court-supervised procedure used to identify assets, pay debts and taxes, and ultimately distribute property to heirs and beneficiaries. While probate exists to provide structure and legal oversight, the reality is that disputes frequently arise during estate administration, particularly when significant assets, blended families, strained relationships, or questions regarding the validity of estate planning documents are involved. Estate litigation can quickly become emotionally and financially exhausting because disputes often develop during a period already marked by grief, uncertainty, and family tension. To help you better understand why estate disputes occur and how estate litigation works, the Los Angeles at Schomer Estate & Wealth Advisors explain the most common causes of estate litigation in California and the legal process involved in resolving these disputes.
What Is Probate in California?
Probate is the legal process used to administer an individual’s estate after death. When a person dies owning assets in their individual name, those assets generally cannot be transferred to heirs or beneficiaries until the probate process is completed unless the assets pass through a trust, beneficiary designation, or another probate-avoidance mechanism. During probate, the court supervises several important aspects of estate administration, including:
- Verifying the validity of a Last Will and Testament
- Appointing a personal representative or Executor
- Identifying and valuing estate assets
- Notifying creditors and interested parties
- Paying valid debts and taxes
- Resolving disputes
- Distributing assets to heirs and beneficiaries
If the decedent died with a valid Will, the Executor named in the Will is typically responsible for administering the estate according to the instructions contained in that document. If the individual died intestate, meaning without a valid Will or trust, California intestate succession laws determine who inherits estate assets and in what proportions. Although probate provides legal oversight and procedural safeguards, disputes can arise at virtually any stage of the process. When disagreements escalate to formal court proceedings, estate litigation becomes necessary.
Why Does Estate Litigation Occur?
The probate process often involves significant emotional and financial stakes, making conflict more likely among surviving family members and beneficiaries. In practical terms, probate litigation frequently develops because heirs disagree regarding what the decedent intended, how assets should be managed, or whether the personal representative is acting appropriately. Because probate litigation can delay administration for months or even years, disputes frequently affect not only financial outcomes, but also family relationships and emotional well-being. Estate disputes may also arise because probate often exposes longstanding family tensions that existed well before the decedent’s death. Questions regarding favoritism, financial dependency, caregiving responsibilities, or prior family disagreements can intensify once inheritance issues become involved. Although litigation can occur for an infinite number of reasons, estate litigation is particularly common when:
- Large estates are involved
- Family members were unexpectedly disinherited
- The decedent revised estate planning documents shortly before death
- Multiple marriages or blended families exist
- A family business or valuable real estate is involved
- Beneficiaries believe someone exerted improper influence over the decedent
What Is a Will Contest?
One of the most common forms of estate litigation in California involves a Will contest. A Will contest occurs when an interested party challenges the legal validity of a Last Will and Testament. Until the dispute is resolved, probate administration may be delayed substantially because the court must first determine whether the contested Will is legally enforceable. Several legal grounds may support a Will contest in California, including:
- Lack of Testamentary Capacity: To create a legally valid Will, the Testator must possess sufficient mental capacity at the time the Will is executed. As such, Will contests based on incapacity frequently arise when the decedent suffered from dementia, Alzheimer’s disease, medication-related impairment, or other cognitive conditions near the time the Will was signed. Beneficiaries or heirs may challenge a Will by alleging that the Testator lacked the mental ability necessary to understand:
- The nature of creating a Will
- The general extent of their property
- The natural objects of their bounty
- How the Will distributes assets
- Undue Influence: Undue influence claims are also common in California probate litigation. Undue influence occurs when another individual exerts excessive pressure or manipulation that overcomes the Testator’s free will and causes them to create or modify a Will in a manner they otherwise would not have chosen. These claims often involve caregivers, family members, romantic partners, or others who occupied positions of trust or authority over the decedent. For example, suspicion may arise if a previously unknown beneficiary suddenly receives a substantial inheritance shortly before the decedent’s death. California courts evaluate numerous factors when determining whether undue influence occurred, including the decedent’s vulnerability, the relationship between the parties, and whether the resulting estate plan appears inconsistent with prior intentions.
- Fraud or Forgery: A Will may also be challenged if someone alleges that the document was forged, altered, or procured through fraud. Fraud claims sometimes arise when the Testator was intentionally misled regarding the contents or consequences of the document being signed. Forgery allegations may involve disputed signatures, altered pages, or questions regarding the authenticity of the document itself.
- Improper Execution: California law imposes specific legal requirements regarding the execution of a valid Will. If those formalities are not satisfied, the Will may be deemed invalid and even seemingly minor procedural issues can create substantial litigation when significant assets are involved. For example, disputes may arise regarding whether:
- The Will was properly signed
- Witness requirements were satisfied
- The Testator signed voluntarily
- The document reflects the Testator’s intent
How Do Creditor Disputes Lead to Estate Litigation?
Estate litigation does not always involve disputes among family members. Creditors may also become involved in probate proceedings when they believe the estate owes outstanding debts. Under California law, creditors generally have a limited period of time to submit claims against the estate. The Executor or personal representative must evaluate those claims and determine whether they are valid. Disputes often arise when:
- The estate rejects a creditor claim
- Multiple creditors assert competing claims
- The validity of a debt is questioned
- Beneficiaries challenge large creditor claims that reduce inheritances
Creditor litigation can substantially complicate probate administration because disputed debts may require formal court proceedings before assets can be distributed to beneficiaries. In some situations, litigation also arises regarding secured debts, medical expenses, tax obligations, or business liabilities connected to the decedent.
Why Do Asset Valuation Disputes Occur?
Estate administration requires the valuation of estate assets, such as real estate, business interests, collectibles, intellectual property, and investment accounts. Disagreements frequently develop when beneficiaries believe assets have been improperly valued, which can lead to disputes that significantly affect inheritance distributions, tax obligations, and buyout arrangements among heirs. For example, if one beneficiary intends to retain a family business or piece of real estate while compensating other heirs financially, disputes regarding fair market value may become highly contentious. Business valuations are particularly vulnerable to litigation because closely held companies often involve subjective valuation methods and competing expert opinions. Resolving valuation disputes may require professional appraisals, forensic accounting, financial experts, independent business evaluations, and even formal litigation. Because California real estate values can be substantial, even relatively small disagreements regarding valuation methodology may involve significant financial consequences.
How Are Probate Disputes Resolved in California?
Not every estate dispute proceeds to a lengthy courtroom trial. In fact, many California probate disputes are resolved through negotiation or mediation before formal litigation becomes necessary. Mediation is commonly used in probate disputes because it allows parties to resolve disagreements privately with the assistance of a neutral third party. During mediation, the participants attempt to negotiate a mutually acceptable resolution without requiring a judge to impose a final decision. Because probate litigation can become both emotionally and financially draining, mediation frequently serves as an effective alternative to prolonged courtroom proceedings.
If settlement efforts fail, the dispute may proceed through formal litigation in California probate court. Probate litigation can involve discovery proceedings, expert testimony, evidentiary hearings, financial investigations, and trial proceedings. The probate court ultimately determines the validity of claims and issues legally binding rulings regarding estate administration. Litigation timelines vary considerably depending on the complexity of the estate, the number of parties involved, and the nature of the allegations with some disputes being resolved in months and others continuing for several years.
Can We Help You with Estate Litigation in California?
For more information, please join us for an upcoming FREE seminar. If you would like assistance with estate litigation in California, contact the experienced Los Angeles estate planning attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule an appointment.
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