What is a Competing Petition in Probate?

You may have been named executor of your deceased loved one’s estate. If so, you have a tough job ahead of you. You have to settle the person’s estate, but it is easier said than done. You may cross many issues, including competing petitions.

Competing petitions arise when two or more people ask the probate court to take conflicting actions in the same estate case. This often happens early in the probate process, before the court has officially appointed a personal representative or executor. Each petitioner may claim they are entitled to manage the estate or they may disagree about how the estate should be handled.

Disputes between petitioners often slow the probate process. Hearings may be required and evidence may need to be presented. Until the court resolves the conflict, estate assets may remain frozen, delaying distributions to beneficiaries.

Common Reasons Competing Petitions Occur

Competing petitions usually stem from family conflict, unclear estate planning, or questions about the validity of a will. For example, one person may petition to probate a will while another challenges it as invalid. In other cases, multiple heirs may file petitions seeking to be appointed as executor, each arguing they are the best choice.

How Courts Resolve Competing Petitions

When competing petitions are filed, the probate court reviews each request and determines which petition should move forward. Judges consider factors such as the validity of the will, the decedent’s intent, statutory priority rules, and whether a proposed executor is qualified and capable. The court’s goal is to protect the estate and ensure it is administered fairly and efficiently.

How to Reduce the Risk of Competing Petitions

Clear, up-to-date estate planning is the best way to prevent competing petitions. A properly drafted will, clear executor nominations, and communication with heirs can significantly reduce confusion and conflict. When disputes do arise, early legal guidance can help resolve issues before they escalate into prolonged litigation.

FAQs

Q: Who can file a competing petition?
A: Typically, heirs, beneficiaries, named executors, creditors, or other interested parties may file a competing petition. Courts generally limit standing to those who have a legal or financial interest in the estate.

Q: Do competing petitions always involve a will contest?
A: No. Competing petitions can also arise when multiple people seek appointment as personal representative, or when different versions of a will are submitted for probate.

Q: How does a judge decide which petition wins?
A: The court evaluates statutory priority, the validity of any wills, the decedent’s intent, and the qualifications of each proposed executor. Judges focus on what best protects the estate and serves the interests of beneficiaries.

Q: What happens to estate assets while petitions are unresolved?
A: In many cases, estate assets remain frozen until the court resolves the dispute. The judge may appoint a temporary administrator to preserve assets and prevent misuse during the conflict.

Seek Legal Help

Probate often comes with challenges. There may be errors, multiple petitions, and other issues that need to be resolved.

These challenges can be frustrating but all is not lost. If you have questions about the process,

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can assist you. To schedule a consultation today, fill out the online form or call 954-764-4330.

Source:

trustandwill.com/learn/competing-petitions-in-probate