Common Probate Disputes in PA and How to Resolve Them
Probate Info
The goal of the probate process in Pennsylvania is to make sure all of the estate’s debts are paid and assets are distributed fairly and according to the law. Unfortunately, probate doesn’t always go as smoothly as planned. Family members, heirs, and creditors sometimes disagree about wills, asset distribution, or how the executor is handling the estate. These conflicts can slow down the process, add costly expenses, and damage familial relationships.
Understanding the most common probate disputes and how to resolve them can help families navigate this difficult time with greater clarity and peace of mind.
Top 5 Most Common Probate Disputes in PA and How to Resolve Them
There are five main types of probate disputes that happen during the PA probate process. Typically, people contest the will, dispute the executor’s performance, or argue with beneficiaries.
1. Contesting the Will
One of the most frequent disputes arises when someone challenges the validity of the last will and testament. Under 20 Pa.C.S. § 3132, people can contest a Pennsylvania will for multiple reasons.
- Lack of Testamentary Capacity: The decedent, also known as the testator, was not of sound mind at the time the will was executed, leading to a contested will.
- Undue Influence: The testator was pressured or manipulated into making changes that did not reflect their true wishes.
- Fraud or forgery: The will was falsified or improperly signed.
- Improper Execution: Under 20 Pa.C.S. § 2502, there are specific requirements for a Pennsylvania will to be valid. If the will doesn’t meet these requirements, it can be contested.
Resolving will contests often requires evidence such as medical records, witness testimony, or handwriting analysis. In some cases, the matter must be litigated in the Orphans’ Court, which oversees probate disputes in Pennsylvania.
2. Disputing Executor Performance
According to 20 Pa.C.S. Chapter 33, the will’s executor has a fiduciary duty to act in the best interests of the estate and beneficiaries. If the executor fails to perform in some way, it can lead to a dispute. The following are some of the most common complaints about executor performance.
- Mismanaging assets or failing to safeguard estate property
- Failing to file required inventories and accountings on time
- Conflicts of interest, such as using estate funds for personal benefit
- Lack of communication with heirs and beneficiaries
Beneficiaries may petition the court to demand an accounting if they think that the executor has mismanaged the assets, failed to file an inventory, or not fulfilled their duties in some other way. In extreme cases, it is possible to get the executor removed. Many of these disputes can be resolved by requiring the executor to provide more transparency or by appointing a neutral third-party administrator.
3. Disagreeing With Other Beneficiaries
Even when a will is valid, beneficiaries may still dispute the will. While there is a wide range of possible dispute reasons, the following are some of the most frequent sources of disagreement.
- Arguments over how personal property should be divided
- Perceived favoritism in how assets are distributed
- Conflicts between family members from blended families
These disputes often have emotional roots and can escalate quickly. Mediation is frequently used to resolve disagreements without the need for prolonged litigation. A mediator can assist beneficiaries in reaching a compromise that preserves family relationships while honoring the decedent’s wishes.
You can also prevent these disputes by being proactive about your estate planning. An experienced attorney understands how to address blended families and long-standing family disputes in a will, reducing the likelihood of future disagreements.
4. Receiving Creditor Claims
Under 20 Pa.C.S. § 3392, creditors have the right to be paid from the estate before assets are distributed to heirs. Because of this, disputes can often happen if there aren’t enough assets to cover debts and inheritances. Executors may disagree about the amount owed to creditors. Alternatively, beneficiaries may believe the creditors’ claims are invalid.
Pennsylvania law establishes a priority order for paying debts, with funeral expenses, administration costs, and taxes generally coming first. Executors can work with creditors to negotiate or dispute claims. Sometimes, the court may have to step in to resolve contested debts.
5. Struggling With an Intestate Estate
If a person dies without a will, their property is distributed under Pennsylvania’s intestacy laws under 20 Pa.C.S. §§ 2101 to 2108. Dying without a will is never ideal because it increases the likelihood that heirs will disagree over who is the administrator of the estate, how assets will be divided among potential heirs, and whether certain property is actually supposed to go to specific heirs.
Pennsylvania law has a clear breakdown of who inherits if there isn’t a will in place, and it’s rarely the exact division of property you would have picked yourself. Because intestacy statutes are rigid, family members may be unhappy with the outcome. Mediation or family settlement agreements can sometimes help distribute assets in a way that satisfies everyone.
How To Resolve Probate Disputes in Pennsylvania
While probate disputes can be stressful, there are effective ways to resolve them. Whenever possible, it is always better to work with your top-rated last will and testament attorney to clarify your wishes in advance.
Go Through Mediation
Mediation is when a neutral mediator helps parties discuss issues and reach a compromise. This process is private and often much faster than litigation. Often, it can help to preserve family relationships.
Attend Court Proceedings
When disputes cannot be resolved, they may need to be dealt with in court. This may involve hearings, evidence, and a judge’s ruling.
Switch or Enhance Executor Oversight
Courts can order executors to provide accountings. If necessary, the court can appoint a replacement to ensure the estate is handled properly.
Why You Need a Skilled Probate Attorney in PA
Working with an experienced Pennsylvania probate lawyer can prevent disputes from escalating. Lawyers help interpret the will, navigate disputes, and ensure the executor fulfills their legal obligations. At the Clause Law Group, we help clients in Mount Pocono, Gouldsboro, Tafton, Pocono Pines, Stroudsburg, Newfoundland, and the surrounding areas.
For assistance in writing your will, managing probate, and dealing with disputes, reach out to our probate attorneys today.
