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Probate necessary if a will is challenged

When people create their estate plans, they hope that no issues will arise so that their loved ones can quickly close out their estates when the time comes. Unfortunately, problems do often arise and probate cannot be avoided when they do. For instance, if a will is challenged, there is really no way to avoid probate court in Georgia — the claims behind the challenges must be heard and investigated.

There are quite a few reasons to challenge a will’s content. Whether one should do it is a personal decision. Some people are willing to let some things go while others want to make sure the issue is corrected. Some of the most common reasons for contesting a will are:

  • Questions over testamentary capacity
  • Concerns of undue influence
  • Lack of witnesses
  • Will provision legality concerns
  • Fraud concerns
  • Forgery concerns

If any of the above issues exist and nothing is done about them, it means that beneficiaries may not see all that they are entitled to. While challenging a will can be difficult, it may prove worthwhile. There is nothing wrong with wanting to protect the estate and the beneficiaries.

Estate administration in the state of Georgia can be rather complex. This is particularly true if disputes arise during the process and challenges to the will are filed. An experienced probate law attorney can be at one’s side throughout the probate process in order to ensure the estate is administered properly and in a timely manner and that all beneficiaries walk away with what was intended for them.

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