Who is entitled to file estate litigation?

December 14, 2023

Estate litigation may be filed at any point during the administration of the estate by any party who asserts a claim to the assets of the estate. This may include an alleged creditor of the decedent, a party who has rendered services to the estate, or a purported beneficiary under the decedent’s will or state intestacy law. Estate litigation might also be filed by the executor or administrator of the estate to obtain a ruling from the court regarding the executor’s/administrator’s obligations, such as how much the executor/administrator can compensate themselves for the services to the estate, or whether they should pay out a claim made on the estate.

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