In Pennsylvania, probate is the process of validating a will and settling a decedent’s estate. In addition to validating the will, if any, the process involves appointing a personal representative, notifying interested parties, managing estate assets, paying estate debt, taxes and expenses, and distributing assets. If there are disputes along the way that the parties cannot settle on their own, then those issues must be litigated and settled by the probate court. In Pennsylvania, the Orphan’s Court is the Division of the Court of Common Pleas that serves as the probate court and has jurisdiction over the estates of decedents. 20 Pa.C.S. § 901. Disputes during probate typically focus on the validity of the will, interpreting the will, the actions of fiduciaries, and the spousal elective share.
Claims Involving Lack of Mental Capacity
A common type of probate litigation is a will contest based on an allegation that the testator was mentally incapacitated at the time they signed the will. Under Pennsylvania law a testator must be of “sound mind” when making a will. Otherwise the will would not be valid. 20 Pa.C.S. § 2501. Only an interested party such as a beneficiary, beneficiary of a prior will, or an heir can initiate a will contest.
Claims Involving Undue Influence
An interested party can also bring a will contest based on undue influence. Undue influence occurs when someone uses their relationship of trust with a vulnerable testator to illegally manipulate the testator into leaving them a testamentary gift.
Claims Involving Improper Execution
Pennsylvania law has specific requirements related to how a will must be executed. For example, generally for a will to be valid, the testator must sign the will in the presence of at least 2 witnesses who also must sign the will. The lack of these formalities can be the basis of a will challenge. 20 Pa.C.S. § 2502.
Other Challenges to the Validity of the Will
A will contest can be based on other issues such as duress, forgery, fraud, or any other circumstance that would result in the testator not freely and knowingly making their will.
Litigation Involving the Interpretation of a Will
Generally, a personal representative looks only to the text of the will for its meaning. However, if the plain text of the will is not clear and is open to multiple, conflicting interpretations, then the parties can initiate a lawsuit requesting the court to interpret the meaning of the ambiguous terms of the will.
Disputes Involving Fiduciaries
A fiduciary, such as personal representative, is held to a high standard of care. They are legally required to perform their duties with honesty and good faith, with the best interest of the estate and its beneficiaries in mind. Failure to do so may result in damage to the estate and a lawsuit by interested parties. For example, the fiduciary is prohibited from acting in their own best interest. This is called self-dealing. They are also prohibited from wasting estate assets or doing anything that results in the value of the estate to diminish. For example, failure to properly secure property or properly insure property may result in a loss to the estate. If the actions of the fiduciary resulted in a financial loss to the estate, the fiduciary may be held In Pennsylvania, probate is the process of validating a will and settling a decedent’s estate. In addition to validating the will, if any, the process involves appointing a personal representative, notifying interested parties, managing estate assets, paying estate debt, taxes and expenses, and distributing assets. If there are disputes along the way that the parties cannot settle on their own, then those issues must be litigated and settled by the probate court. In Pennsylvania, the Orphan’s Court is the Division of the Court of Common Pleas that serves as the probate court and has jurisdiction over the estates of decedents. 20 Pa.C.S. § 901. Disputes during probate typically focus on the validity of the will, interpreting the will, the actions of fiduciaries, and the spousal elective share.
Claims Involving an Elective Share
In Pennsylvania a surviving spouse is entitled to a share of their decease spouse’s estate, regardless of the terms of the will. The spouse has a choice of accepting what their spouse left them in the will or opting for an “elective share.” The elective share is 1/3 of the decedent’s estate and certain nonprobate property. 23 Pa.C.S. § 2203. In order to receive the elective share, the surviving spouse must make the election within the later of 6 months of the decedent’s death or the date of probate. The elective share can become the basis for a dispute if the personal representative and the surviving spouse do not agree on the amount, or if the spouse makes an improper elective share demand.