Utah Estate Litigation Lawyer
Support When an Estate Becomes a Dispute
When a loved one dies or becomes incapacitated, you expect their will or trust to provide clarity. Instead, you may find yourself in the middle of a disagreement about what those documents mean, whether they are valid, or how the estate is being handled. In these moments, having an experienced estate litigation attorney in Utah can make a real difference in how your rights are protected.
At Pearson Butler, we represent beneficiaries, heirs, personal representatives, and trustees in contested wills, trust disputes, and probate conflicts throughout Utah. We understand that you are dealing with both legal questions and intense family emotions at the same time. Our goal is to give you clear guidance, steady advocacy, and practical options so you do not have to face this alone.
If you are facing an estate dispute, you can contact us today for a confidential consultation and speak directly with an attorney about your situation.
What Is Estate Litigation?
Estate litigation refers to legal disputes that arise during or after the administration of a deceased person’s estate. These disputes are typically handled in Utah probate courts and may involve challenges to wills, trusts, or the actions of those responsible for managing the estate.
Unlike routine probate administration, estate litigation occurs when there is a disagreement that cannot be resolved informally. This may involve allegations of wrongdoing, questions about legal validity, or conflicts between heirs, beneficiaries, and fiduciaries. Our Utah estate litigation attorney helps clients understand their rights, gather evidence, and present their case effectively in court or through alternative dispute resolution.
Common Reasons to Litigate an Estate
Estate disputes can arise for many reasons. Some of the most common causes of estate litigation in Utah include:
Will Contests
A will may be challenged if there are concerns about its validity. Common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, or improper execution under Utah law.
Trust Disputes
Trust litigation often involves disagreements over how a trust is interpreted or administered. Beneficiaries may allege that a trustee has mismanaged assets, engaged in self-dealing, or failed to provide required accountings.
Breach of Fiduciary Duty
Executors, personal representatives, and trustees owe fiduciary duties to act in the best interests of the estate and beneficiaries. Claims may arise if a fiduciary fails to follow the terms of the will or trust, acts negligently, or puts personal interests ahead of their legal obligations.
Disputes Among Heirs or Beneficiaries
Family conflicts can intensify when significant assets are involved. Disputes may center on asset distribution, interpretation of estate documents, or perceived favoritism.
Creditor Claims and Estate Debts
Estate litigation may involve disputes over creditor claims, allegations of improper debt payment, or conflicts between creditors and beneficiaries.
Guardianship and Conservatorship Issues
Litigation can also arise from actions taken before death, such as disputes over guardianships, conservatorships, or financial exploitation of a vulnerable individual.
The Legal Process of Estate Litigation
While every case is unique, most estate litigation matters in Utah follow a general process:
Case Evaluation and Investigation
Your Utah estate litigation attorney will review wills, trusts, financial records, medical documentation, and other relevant evidence. This step helps determine the strengths of your claim or defense.
Filing or Responding to a Petition
Estate litigation typically begins when a petition or objection is filed in probate court. This may involve contesting a will, seeking removal of a fiduciary, or demanding an accounting.
Discovery
During discovery, both sides exchange information and evidence. This may include written questions, document requests, subpoenas, and depositions of witnesses.
Negotiation and Mediation
Many estate disputes are resolved through settlement negotiations or mediation. These methods can reduce costs, preserve privacy, and minimize family conflict.
Court Hearings or Trial
If a settlement cannot be reached, the case may proceed to hearings or trial. A skilled Utah estate litigation attorney will present evidence, examine witnesses, and argue your case before a judge.
Resolution and Enforcement
Once the court issues a ruling or the parties reach an agreement, the estate is administered according to that outcome. Your attorney can also assist with enforcing court orders or settlement terms.
Estate Litigation FAQs
How long does estate litigation take in Utah?
The timeline varies depending on the complexity of the dispute, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in a few months, while others may take a year or more.
Can a will be contested after probate has started?
Yes. In Utah, a will can often be contested after probate begins, but strict deadlines apply. It is important to consult a Utah estate litigation attorney as soon as possible.
What is undue influence in estate litigation?
Undue influence occurs when someone exerts improper pressure on the testator, causing them to make a will or trust that does not reflect their true intentions.
Do all estate disputes go to court?
No. Many estate disputes are resolved through negotiation or mediation. However, litigation may be necessary if the parties cannot reach an agreement.
Who pays for estate litigation costs?
Costs may be paid by the individual parties or, in some cases, from the estate itself. The court ultimately determines responsibility based on the circumstances and outcome.
Why Families Across Utah Turn To Our Estate Litigation Team
Estate disputes are rarely simple. A contested will or trust often overlaps with issues in business law, real estate, tax, family relationships, and sometimes creditor matters. At Pearson Butler, we built our firm around this reality. Our attorneys work together across more than a dozen practice areas so that when an estate conflict touches several areas of law, you still have one coordinated team.
Our team includes over 30 attorneys who bring more than 300 years of combined experience to the table. As a firm, we have handled thousands of matters across Utah courts, including the Utah State Supreme Court, the Utah Court of Appeals, and federal courts in the Tenth Circuit. This depth means we are comfortable with multi party litigation, complex legal questions, and cases that may involve appeals.
Many of our attorneys are recognized by peers and independent organizations. Thirteen of our lawyers have been named to Utah Business Magazine's Legal Elite list, and several have been selected to Super Lawyers or Rising Stars. Members of our team hold the highest AV rating from Martindale Hubbell and a 10.0 rating on Avvo. These recognitions reflect consistent professionalism and client satisfaction over many years.
We are also intentional about how we serve clients. We limit caseloads to maintain personal attention and clear communication. With offices in South Jordan, Bountiful, and Utah County, we meet clients across the Wasatch Front without requiring them to travel downtown. For you, this means a litigation team that has the resources of a large firm, the collaboration of a multi-practice group, and a client-focused mindset that treats your case as more than a file.
Call (800) 265-2314 to schedule your confidential consultation with our estate litigation team.
