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Who could be interested in a probate proceeding

On Behalf of | Feb 25, 2019 | Estate Administration |

During a probate hearing in Illinois, a will may be challenged. The person or entity challenging the will needs to know who the interested parties to that document may be. Generally speaking, anyone actually listed in the will is going to be an interested party. Typically, a spouse, parent or other family member will be included in the document. However, there could be other interested parties that aren’t so obvious.

For example, all of a deceased’s surviving family members can be considered interested parties. Furthermore, anyone listed on a previous or alternate copy of a will could be interested parties for purposes of a legal challenge. It is critical that all interested parties be found because they have the right to get involved in any proceedings related to the challenge. Whoever is tasked with defending the challenge may also need to identify interested parties to a probate proceeding.

If a person does not have a valid will after passing, the state may determine how assets will be distributed. It may also be possible for the state to determine who gets guardianship of any minor children. Those who believe that a current will is not valid could choose to mount a legal challenge. This may result in a hearing or other action to determine if the document should be allowed to stand.

In the event that a will is successfully challenged, the document may be thrown out entirely. It is also possible that an older version may be determined to be the will of record or that only a portion of a will be thrown out. Attorneys could represent both the parties challenging such a document as well as those tasked with defending it.