Probate Litigation — Savannah, Georgia
Most estates settle without conflict. But when a will is challenged, an executor is mismanaging assets, or a beneficiary is being cut out, the probate court becomes a litigation forum — and you need an advocate who knows how to handle it.
What We Handle
The Probate Litigation Landscape
Georgia probate law imposes short deadlines on will contests and other challenges. Missing a caveat deadline or a claim filing period can permanently extinguish your rights. If you believe there is an issue with an estate, contact us immediately — do not wait.
Most will contests in Georgia are based on undue influence — a claim that the decedent was manipulated into changing their estate plan by a family member, caregiver, or other person in a position of trust. These cases require careful investigation of the decedent's medical records, financial history, and the relationships around them near the end of life.
An executor who is mismanaging estate assets, delaying distributions without justification, or self-dealing can be removed by the probate court and held liable for losses to the estate. We represent both beneficiaries seeking removal and executors defending against removal actions.
Other Litigation Practice Areas
Common Questions
A will contest in Georgia is initiated by filing a caveat in the probate court before the will is admitted to probate — or in some cases shortly after. Grounds include lack of testamentary capacity, undue influence, fraud, duress, and improper execution. The deadline is strict. If you have concerns about a will, call us as soon as possible.
Beneficiaries have a right to information about the estate, including an inventory and accounting. An executor who fails to provide this can be compelled by the probate court to do so, and can be removed for serious misconduct. We represent beneficiaries in compelling compliance and, where warranted, seeking executor removal.
Possibly. A late change to an estate plan — particularly one that benefits a caregiver or a new person in the decedent's life — is one of the most common fact patterns in undue influence cases. Medical records near the time of the change, along with the circumstances surrounding the signing, are usually the core of the investigation. Call us to discuss the specifics.
Yes. Trusts can be challenged on similar grounds — lack of capacity, undue influence, fraud — through Georgia superior court rather than probate court in most cases. Trust litigation follows a somewhat different procedural path than will contests but involves similar evidentiary questions.
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Tell us what happened. We'll tell you what the law says and what your options are.