Probate litigation involves navigating the complex legal landscape surrounding the administration of a decedent’s estate and resolving disputes that arise during the distribution of assets. It can be daunting to find yourself involved in probate litigation, especially if you are unfamiliar with the probate process. To give you some idea of what to expect, the attorneys at Legacy Care Law Firm provide an overview of probate litigation in New Hampshire.
What Is Probate?
Probate is the judicial process typically required to settle the estate of a decedent and usually involves proving the validity of a Will, identifying and appraising the decedent’s property, paying debts and taxes, and distributing the remaining assets to beneficiaries. Probate cases in New Hampshire are handled by the Circuit Court’s Probate Division. When disputes arise, they can escalate into probate litigation, requiring judicial intervention to resolve.
When a person dies with a valid Last Will and Testament, they are said to have died “testate.” This means that their estate will be distributed according to the terms set forth in the Will. Conversely, if a person dies without a Will, they are considered to have died “intestate,” and their estate will be distributed according to New Hampshire’s intestate succession laws, which dictate how assets are allocated among surviving relatives.
The probate of an estate is overseen by an Executor or Administrator. An Executor is named by the decedent in his/her Will whereas a court appoints an Administrator if the decedent died intestate. Executors and Administrators are fiduciaries, meaning they are legally obligated to act in the best interests of the estate and its beneficiaries. This fiduciary duty encompasses a range of responsibilities, including managing estate assets prudently, paying debts and taxes promptly, and distributing assets according to the will or intestacy laws. Breaches of fiduciary duty can lead to legal action and are a common source of probate litigation.
Heirs and beneficiaries are the individuals who stand to inherit from the deceased. Heirs are those entitled to inherit under the state intestate laws when there is no Will, while beneficiaries are those named in a Will to receive specific assets. Understanding the distinction between heirs and beneficiaries is crucial, as it influences the legal rights and claims individuals may have during the probate process.
Common Types of Probate Litigation
Probate litigation can occur for a variety of reasons. Understanding why an estate might wind up involved in litigation may help prepare you for the litigation process. Common types of probate litigation include:
- Will Contests: One of the most common types of probate litigation involves Will contests that stem from someone challenging the validity of a Will. Grounds for contesting a Will include allegations of undue influence, where it is claimed that someone exerted improper pressure on the decedent to alter their Will; lack of testamentary capacity, arguing that the decedent was not of sound mind when the Will was made; fraud, asserting that the Will was procured through deceit; or improper execution, claiming that the Will does not meet the legal requirements for validity.
- Breach of Fiduciary Duty: Another frequent issue in probate litigation is the breach of fiduciary duty by Executors or Administrators. Beneficiaries may sue an Executor or Administrator for mismanaging estate assets, failing to follow the terms of the Will, or engaging in self-dealing.
- Disputes Among Beneficiaries: Conflicts can also arise among beneficiaries themselves. These disputes may involve disagreements over the interpretation of the Will, the distribution of assets, or the management of the estate. Such disputes can be particularly contentious, as they often involve family members with deep-seated emotions and personal stakes in the outcome.
- Creditor Claims: Creditors may file claims against the estate for unpaid debts, leading to disputes over the validity or priority of these claims. Resolving creditor claims can be complex, especially when the estate lacks sufficient assets to satisfy all debts, necessitating a careful examination of the claims and potential negotiation or litigation.
- Intestate Succession Disputes: In cases where there is no Will, intestate succession laws govern the distribution of the estate. Disputes may arise over who is entitled to inherit and how the assets should be distributed. These disputes often involve determining the rightful heirs and the appropriate share of the estate each heir should receive, which can be complicated by blended families or estranged relatives.
The Probate Litigation Process in New Hampshire
The probate litigation process in New Hampshire involves several procedural steps, each designed to ensure that disputes are resolved fairly and in accordance with the law. Those steps typically include:
- Filing a Petition. The process begins with the filing of a petition in the Probate Division of the Circuit Court. The petition outlines the nature of the dispute and the relief sought. This formal filing initiates the legal process and sets the stage for further proceedings.
- Notice and Response. Once a petition is filed, interested parties must be notified. This notification process ensures that all individuals with a potential interest in the dispute are aware of the proceedings and have an opportunity to respond.
- Discovery. The discovery phase allows both parties to gather evidence to support their claims and may include depositions, document requests, interrogatories, and other methods of obtaining relevant information.
- Mediation and Settlement. Many probate disputes are resolved through mediation, a process in which a neutral third party helps the disputing parties reach a settlement. Mediation can be an effective way to resolve conflicts without the need for a trial, saving time and reducing costs. If mediation fails to produce an agreement, however, the case proceeds to trial.
- Trial. At trial, both sides present their evidence and arguments to the court. The judge then makes a decision based on the merits of the case, considering the evidence presented and the applicable law.
Note: Probate litigation can cause a significant delay in the probate process. If the Will is contested, for example, the outcome of that litigation must be determined before probate can move forward, effectively bringing the probate process to a halt for months, even years.
Do You Have Additional Questions About Probate Litigation in New Hampshire?
For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about probate litigation in New Hampshire, contact our estate planning attorneys in our North Andover, Woburn, and Beverly offices at (978) 969-0331. Our Salem and Nashua, New Hampshire office can be reached at (603) 894-4141.
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