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Disputing a Will During Probate

Butler Law Nov. 22, 2021

Probate litigation in South Carolina is executed in order to administer the possessions of someone who died. When probate is required, it’s an opportunity to contest a will. An estate with a plan has measures in place to keep its assets private. Probate, however, is a public hearing, so anything made public in it, which includes a will, can be contested.

Public Administration

Probate is an attempt to administer an estate by checking the directives set forth by someone who’s deceased. First, it’s important to consider the children or family of the deceased, for these have a legal interest in a will. The assets in a will are accounted for as well as any beneficiaries. These concepts are made public so that a judge can examine if someone was left out.

Examining a Will

Even when a will has clear directives, probate hearings empower the public to contest the will via a variety of factors. Keep in mind that a will is a public contract, and any person of interest has to directly hear the will before they can contest it. Having this opportunity ensures that everyone with a claim can have their case heard or executed.

Debts and Taxes

Probate litigation also accounts for the taxes and debts required from an estate. What someone claims in court have to first be available after a person’s debts and taxes are paid. The assets of an estate get sold if there is no money set aside for debt and taxes.

Probate litigation in South Carolina

If you are involved in probate litigation, consider who might contest a will. People already named in a will tend to have precedence, but it’s still possible to contest their inheritances.