Navigating the probate process can be complicated even at the best of times. When there is a problem with the will or someone needs to contest the terms of discharging the estate, the process can turn even more complex. Often, problems like this mean the case will need to go to trial in order to settle the disagreement.
The following Covina probate pre-trial actions are necessary before the case can go to court.
Filing a Lawsuit
When someone has an estate-related dispute, they will need to file a lawsuit with the probate court in Covina. There are many circumstances under which an individual or entity may need to file a dispute, including:
- Contesting the terms of the will, including a will that someone believes was made under duress or undue influence
- Contesting the validity of the will
- Distributing asset distribution, including concerns like asset valuation or property ownership
- Allegations of executor misconduct, including an executor who acted in their own best interests or fraudulent activities
The initial lawsuit will lay out the terms of the disagreement and the conditions the party filing that lawsuit believes necessary to resolve it.
Providing Notice
At least 15 days before a hearing can take place, the party that filed the lawsuit will need to serve a notice of hearing to all relevant parties. This includes the executor of the estate and all heirs or beneficiaries.
Response
Once one party has filed a lawsuit and all parties have been served, each party will need to file a response to the lawsuit. This can include a denial of the terms laid out in the lawsuit or any other information that could impact the case. Failure to file a response could result in the court deciding in favor of the party that filed the lawsuit.
Discovery
During the discovery period, both sides will need to provide all relevant information about the case. This can include showing evidence of alternate wills or providing more insight into the value or ownership of specific assets. The discovery period is a critical part of the probate lawsuit process, since it allows both sides to make sure they have a clear view of all relevant information regarding the lawsuit.
Motions
During the trial preparation process in Covina, each side will submit any motions related to the case. That can include things like:
- A motion to admit the will to probate, which will serve to validate the will, or
- A motion to compel, which may force another party involved in the case to produce specific documents necessary to decide the dispute
Either side can also file a motion for summary judgment that asks for a judgment on a case that they feel does not have any dispute of material fact. This motion requests that the judge rule based on the facts of the case and the law, without any need for a dispute.
Go Over Probate Pre-Trial Actions With a Covina Lawyer
If you find yourself facing a trial or significant dispute related to an estate in Covina, you need an attorney to represent your interests and make sure you understand your options. An attorney can also fight to make sure that your rights are protected throughout the process.
Furthermore, they can guide you through Covina probate pre-trial actions, the trial process, and any other concerns related to the estate. Contact Amity Law Group today to learn more.
