Utah Probate Litigation Attorney
Guiding You Through Contested Estates & Family Disputes
When a loved one dies and questions arise about the will, trust, or how the estate is being handled, grief can quickly turn into confusion and conflict. You may suspect something is unfair, or you may feel shut out of important decisions. In these moments, you need clear guidance and steady advocacy.
At Pearson Butler, we help families work through disputed estates, will contests, and trust conflicts in Utah probate courts. Since 2010, our firm has grown to more than 30 attorneys who bring over 300 years of combined legal experience.
Contact us today at (800) 265-2314 to schedule a consultation.
What Is Probate Litigation?
Probate litigation refers to legal disputes that arise during the probate process—the court-supervised administration of a deceased person’s estate. While many estates are settled without conflict, disputes may occur when parties question the validity of a will, the actions of a personal representative, or the distribution of assets.
A Utah probate litigation lawyer helps clients resolve these disputes through negotiation, mediation, or litigation in probate court. The goal is to ensure that the decedent’s wishes are honored and that the estate is handled in accordance with Utah law.
Common Probate Issues
Probate litigation can arise in many forms. Some of the most common issues our firm handles include:
- Will Contests: Disputes over whether a will is valid are among the most frequent probate conflicts. Claims may involve allegations of undue influence, fraud, coercion, or lack of mental capacity at the time the will was created.
- Trust Disputes: Conflicts may occur over how a trust is interpreted, administered, or distributed. Beneficiaries may challenge a trustee’s decisions or claim mismanagement.
- Executor or Trustee Misconduct: Personal representatives and trustees have a legal duty to act in the best interests of beneficiaries. Allegations of self-dealing, negligence, or failure to communicate can lead to litigation.
- Asset Distribution Disputes: Family members may disagree about who is entitled to certain property or how assets should be divided.
- Creditor Claims: Creditors may attempt to collect debts from the estate, which can result in legal disputes if claims are challenged.
- Guardianship and Conservatorship Conflicts: Disagreements about who should manage the affairs of an incapacitated person can also lead to litigation.
Our Utah probate litigation lawyer can evaluate the situation, explain your legal options, and advocate for your interests.
The Legal Process of Probate Litigation
Probate litigation typically follows a structured legal process. While each case is unique, the general steps include:
- Case Evaluation: An attorney reviews the estate documents, financial records, and circumstances surrounding the dispute to determine the best course of action.
- Filing a Petition: The legal process often begins when a petition is filed in probate court outlining the issue, such as contesting a will or challenging a trustee’s actions.
- Discovery: Both sides gather evidence, including documents, witness statements, and expert opinions, to support their claims.
- Negotiation or Mediation: Many probate disputes are resolved outside of court through negotiation or mediation, which can save time and reduce emotional strain.
- Litigation and Trial: If a resolution cannot be reached, the case may proceed to trial, where a judge will make a final determination.
- Resolution and Distribution: Once the dispute is resolved, the estate can be administered and assets distributed according to the court’s decision.
Working with a Utah probate litigation attorney ensures you understand each stage of the process and have a strong advocate guiding you.
How to Avoid Probate Litigation
While not all conflicts can be prevented, proactive estate planning can significantly reduce the risk of disputes. Consider the following strategies:
- Create a Clear Estate Plan: Well-drafted wills and trusts that clearly outline your wishes can help prevent misunderstandings.
- Communicate with Family Members: Discussing estate plans with loved ones can reduce surprises and minimize disagreements.
- Choose the Right Executor or Trustee: Selecting a trustworthy and capable individual to manage your estate can prevent mismanagement and conflict.
- Update Estate Documents Regularly: Life changes such as marriage, divorce, or new children should be reflected in your estate plan.
- Work with Experienced Legal Professionals: An attorney can help ensure your estate documents comply with Utah law and address potential areas of dispute.
If a conflict does arise, early legal guidance from a Utah probate litigation lawyer can often help resolve the issue before it escalates.
Probate Litigation FAQs
How long does probate litigation take in Utah?
The timeline varies depending on the complexity of the case, the number of parties involved, and whether the dispute goes to trial. Some matters resolve in months, while others may take longer.
Who can file a probate lawsuit?
Beneficiaries, heirs, executors, trustees, and other interested parties may have the right to initiate probate litigation.
What are the grounds for contesting a will?
Common reasons include lack of mental capacity, undue influence, fraud, improper execution, or the existence of a more recent will.
Can probate disputes be settled out of court?
Yes. Many cases are resolved through mediation or negotiation, avoiding the need for a trial.
What happens if an executor mismanages an estate?
The court may remove the executor, order restitution, or appoint a replacement to administer the estate properly.
Do all estates go through probate?
Not necessarily. Assets held in trusts or with designated beneficiaries may bypass probate.
Why Work With Our Probate Team
Probate disputes rarely involve a single, simple question. A contested will might include questions about capacity or undue influence, while at the same time there are issues with how a home, business, or investment accounts are being handled. Our firm is built to address that complexity. We bring together litigators, estate planning attorneys, tax counsel, real estate lawyers, and business attorneys when a case calls for it.
Since our founding in 2010, we have handled thousands of matters for clients throughout this state. Our attorneys bring more than 300 years of combined experience to the table, and members of our team have appeared in trial courts, the Utah State Supreme Court, the Utah Court of Appeals, and the 10th Circuit Federal Court of Appeals. This depth matters when a dispute is serious and may require motion practice, hearings, or even appeals.
Our team includes attorneys who have been recognized in Utah Business Magazine's Legal Elite and selected to Super Lawyers or Rising Stars lists. Others hold the highest AV rating from Martindale Hubbell and a 10.0 rating on Avvo. These independent recognitions support what we work for every day, which is careful preparation, strong advocacy, and thoughtful counseling for our clients.
We are also intentional about how we serve. We limit caseloads so we can provide meaningful attention to the people we represent. Our attorneys work collaboratively, share insight, and involve you in key decisions. We strive to explain strategy in plain language, return calls and emails, and give you an honest view of your options rather than a sales pitch.
To discuss your situation with our attorneys, call (800) 265-2314.
