Nevertheless, Contested Cases, whether in probate or trust administration, are a completely different process. 

​

Contested Cases are unique and are governed by special rules.  The Contested Process often involves the following phases:

​

1st: Plead the Allegation.  Here, we raise the issue regarding the any wrongdoing.  Note: if your family is challenging a will or trust, there is a brief window of time in which to raise the contest – 6 months from the admission or denial of the will, but no later than 2 years from date of death, inclusive of that date.

​

2nd: Discovery Phase. Here, we find out and assess all relevant information. 

​

3rd: Pretrial Phase.  During this phase, we can attempt motion on the pleadings, motions concerning the admission, and the non-admissibility of evidence.

​

4th: Trial.  For most estate administration cases, the trial will be a Bench Trial, but sometimes, in a will or trust contest, the parties may elect a jury trial.  This election for a jury trial shall be made at the onset of the proceeding.

​

5th: Appeal.  Any appeal must be made, if at all, within 30 days of a final order.

In addition to trial, there are multitude of contested hearings that may take place. These include the following:

• Hearing on Heirship

• Citation to Recover Assets

• Action for Accounting by Fiduciary

• Citation to Discover Assets

• Citation to Remove Administrator or Executor

• Pleading to Remove Trustee

• Motion for Declaratory Judgment

​

​