Probate is the process of administering the will of a deceased person. The legal heirs have the right to challenge the will if they believe that it has been tampered with after the death of the grantor. The document that is filed in the court to halt the probate process is known as ‘Probate Caveat’.
What is meant by Probate Caveat? Why would anyone want to lodge a caveat? You will know more about probate and required documents in this article.
What is a Probate Caveat?
Probate caveat is a legal notice to a court to suspend the probate process.The notice is filed before commencement of the probate process begins. The pre-probate legal action is filed to prevent the administrators or executors from administering the estate assets of the deceased person. It notifies the probate court about some discrepancy regarding the deceased person’s will and testament. As a result, the probate court orders the process to be suspended until the issue is resolved.
Who Have the Right to File a Caveat?
Anyone who has an interest in the estate can file the notice in the court. This can include creditors and legal heirs of the deceased person’s estate and creditors. As a rule of thumb, anyone who is affected by the grant of probate can file a probate caveat.
The person who files the probate caveat is known as the caveator. Probate caveat can be filed in any of the following situations.
- The caveator believes that the will of the deceased person has been forged and not approved by the deceased person.
- The caveatorthinks that the deceased person was forced to make the will
- The caveatorwant to prevent the executioner from administering the assets on the basis ‘intestate’, which means that there was no will
- The caveatorbelieves that the deceased person was suffering from a mental condition and so the will is not valid
- The caveatoris involved in a dispute regarding inclusion of an heir
The probate process cannot be ordered to be resumed until the evidence of caveator is heard. The caveator has the opportunity to provide evidence in the court as to why he or she thinks that the will of the deceased person is contestable.
If the court finds that the evidence is credible, the probate process is terminated. Otherwise, the court orders the probate process to continue without any opposition.
Hire Professional Probate Attorney in Illinois
The probate process in Illinois is complicated. If you want guidance and advice regarding the probate process, you should contact an experienced probate attorney. At Chicago Estate Lawyer, we have a team of professional and certified attorneys who can help you in all aspects of the probate process. For an initial, no-obligation consultation, you can contact us by dialing 312-313-7018.