Many issues handled by probate courts are mundane. They simply observe the assets of the deceased, subtract any taxes and then carry out the wishes listed in the will or trust. Litigation in probate court is triggered by challenges to the will by the survivors or other parties. Lawsuits regarding trusts are also litigated in probate court.

With probate litigation, lawyers are often working with families at a difficult time. A loved one has just passed and the survivors differ over their interpretation of the final wishes of the one who is no longer there. There may even be creditors suing to get a part of the deceased’s estate, parties previously unknown to the family coming to stake a claim or material errors in the creation of a probate document. A good probate attorney will have to call on a varied skill set to provide the kind of legal counsel required. The lawyer will need good people skills, be a negotiator, a savvy litigator and knowledgeable about estates, wills and trusts.