Even the best-laid plans do not always work out. Probate litigation occurs when a dispute arises during the administration of your estate. You cannot always avoid litigation, but there are steps you can take to make it more likely your beneficiaries will not have a dispute.
Creating an estate plan goes a long way toward avoiding probate litigation. However, you can take the process even further with the following tips.
Appoint a representative for your estate
Ensuring that a trustworthy and capable person will manage your estate once you pass is essential for avoiding probate litigation. If you do not designate an executor, the court decides the administrator based on California law. The person the court appoints by default might not be the ideal candidate.
Establish emergency measures
Protective measures are another critical aspect of avoiding litigation. If you have children or family members who need a guardian when you pass away, your family might argue over who has the responsibility. Designating guardians and conservators removes this potential dispute. You want to set these measures before your health deteriorates or you become incapacitated.
Revisit your will
Many people draft a will and never think about it again. However, you should revisit your will whenever a significant life change happens and adjust based on your changing needs.
Sometimes probate litigation happens no matter how well you plan for your death. Still, you should establish safeguards that protect your family from future arguments and avoid a stressful court experience. A good estate plan eliminates most issues that come with probate.