Probate and Estate Litigation Mean the Same Thing

Hi, I'm Reed Bloodworth the Founding Partner of Bloodworth Law, PLLC, located at 224 East Marks Street, Orlando, Florida.

Probate Litigation = Estate Litigation

Today I wanted to try and clarify that Probate and EstateLitigation Mean the Same Thing. I know there’s some confusion some of my clients have. I represent clients in probate and estate litigation, and trust litigation.

Probate or Estate Litigation?

Clients sometimes are confused as to the use of the terms probate litigation and estate litigation. I want to let you know these words are interchangeable. They're the same thing.

Probate or estate litigation is litigation that takes place inside the formal probate of someone's will.

What Happens in Probate? 

What happens in Probate? So what that means is when someone passes away their will is submitted to the court for authentication and then the court oversees the personal representative as they administer the estate. 

What is Probate Estate? 

So oftentimes you hear the term probate estate. That means that's the official name for when a personal representative is appointed over the estate of someone who has passed away.

Litigation takes place within the formal probate. So litigation in probate can have many types of causes of action relate to different things.

Some of the more common probate or estate litigation I see relate to undue influence claims, lack of capacity claims, or tortious interference with a testamentary expectancy claims.

You will also often see claims for breach of fiduciary duty against a personal representatives.

I Represent Beneficiaries & Personal Representatives

Regarding these types of claims, I represent both personal representatives and I represent beneficiaries who believe they're owed more under this person's will.

So that is probate litigation and estate litigation. Interchangeable terms all involving the probate of someone's will and disputes that arise therein.

So again my name is Reed Bloodworth, Founding Partner of Bloodworth Law, PLLC. Give me a call. Let’s talk about what happened to you.