When someone passes away without a will, the court can appoint an executor or administrator to execute the distribution process according to succession laws. The deceased’s estate must go through legal proceedings to determine interstate succession and ensure the rightful beneficiaries designated by law inherit the estate. However, challenges might arise during the estate litigation process. These include the following:

Breach of Fiduciary Duty

If a will does not exist, the court can appoint an executor, also known as a fiduciary, to act in the best interests of the beneficiaries. However, a fiduciary might fail to follow the agreement for various reasons, resulting in a breach. The beneficiaries can seek legal assistance to resolve the issue.

Lack of Testamentary Capacity

In case a beneficiary believes that the appointed executor was not mentally competent when signing the litigation documents, the beneficiary can raise a dispute in court, leading to delays in the litigation process. A lack of testamentary capacity makes all estate executions invalid.


Beneficiaries might begin benefiting from the estate using falsified documents and forged signatures before the litigation process is over. Doing so is an offense punishable by law. Aggrieved parties can seek legal redress, leading to delays in the estate litigation process.

Buyers for Value Disputes

If someone passes away before completing a sale of their assets, the buyer can enforce their rights to transfer the estate to their name, resulting in problems in the litigation process. Disputes might arise between the buyer and the beneficiaries, leading to delays in estate litigation.

Family Dysfunction

Family disputes and breakdowns can also pose several challenges in estate litigation. The court-appointed executor might have trouble distributing the estate of the deceased because of family dysfunctions. Sometimes, an individual can claim to be a member of the deceased’s family, leading to more challenges in litigation. They may have to undergo DNA testing to prove their claim before the administrator can complete the estate litigation process.

Need Assistance in Handling Estate Litigation Proceedings?

Estate litigation in the absence of a will can pose several challenges. The Williams Litigation Group attorneys can help you overcome these concerns and ensure proper litigation. Contact us today for a free consultation.