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Contested Probate Attorneys

Helping you fight for a fair outcome. Experienced, trusted probate attorneys in Oklahoma. 

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Effective Litigators, Supportive Advocates

When questions arise about a loved one’s estate after they pass, emotions often run high. Those questions can vary from what was done with the loved one’s assets before they passed to questioning the validity of a will that has been offered to requesting more information on the administration of an estate after a probate has been filed.  

When you’re already grieving and navigating complex family dynamics, the probate process is challenging enough. When there’s a potential dispute, it’s easy to feel even more overwhelmed. The role of a probate attorney is to come alongside you and advocate for the proper resolution to your probate matter.   

Ball Morse Lowe has  a reputation for strategic advocacy and integrity with attorneys dedicated to probate law Our team is here to help you shoulder the burden of probate and fight for a fair outcome. 

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Don't Wait to Contest Probate

If you think a will may be invalid, don’t wait – there's a limited period to contest and ensure your loved one’s final wishes are carried out. Our team is here and ready to speak with you.  

How the Contested Probate Process Works

Find the Right Attorney

Find an attorney with experience in probate and litigation. At Ball Morse Lowe, we offer free consultations with our team.

If you decide to work with us, you'll be connected with your legal team immediately upon retaining our services.

File a Petition

Probate is opened, and all interested parties are formally notified.

Appoint Personal Representative

The court appoints an executor or administrator, though the appointment itself may be challenged.

Identify and Frame the Dispute

Parties raise objections such as will validity, heirship disputes, or fiduciary concerns.

Discovery

Each side gathers documents, testimony, and expert opinions to support their claims.

Hearings, Mediation, or Negotiation

The court may require conferences or mediation to resolve contested issues

Trial or Evidentiary Hearing

The judge hears arguments and evidence to decide the disputed matters.

Estate Administration

After disputes are resolved, the formal probate process begins, where the representative completes remaining tasks, distributes assets, and submits final filings for court approval; at this stage, you’ll begin work with our dedicated Probate team to guide you through asset transfers and closing the estate.

Answering Your Questions About Contested Probate

What is contested probate?

Disputes within a probate most often involve: 

  • Challenging the validity of a will  
  • How an estate is being administered after a person’s death. 
  • What happened with a decedent’s assets prior to their death 
  • Appointment of a personal representative where one was not name in a will or the person name does not serve in the role 
Can contested probate be resolved without going to trial? Yes, many contested probate cases are settled through negotiation or mediation before reaching trial. A skilled probate attorney can help protect your interests while working toward a resolution that avoids unnecessary conflict and expense.
How long does a contested probate case take? The timeline varies depending on the complexity of the case, the size of the estate, and the willingness of parties to cooperate. Some disputes resolve in a few months; others may take a year or more if litigation is required.
Do I need an attorney for contested probate?

Because contested probate involves legal procedure, court filings, and complex evidence, having an experienced probate litigation attorney is essential. An Oklahoma probate attorney can help you understand your rights, build your case, and advocate effectively on your behalf.

Read: "Do You Need a Lawyer for Probate?" 
What is a will contest? Where a will is offered during a probate, you may be wondering whether the will truly reflects the loved one’s wishes or whether it’s the result of outside influence, diminished mental capacity, or forgery. If you suspect what is reflected in the will may not be the final wishes of your loved one and that it was produced by improper means, you can contest (or challenge) the will in a probate. 
Who can contest a will in Oklahoma, and why?

In Oklahoma, anyone with a direct interest in the estate is able to contest a will. This includes heirs, beneficiaries, or someone who may inherit if a will didn’t exist, such as a spouse or child.   

A will might be contested if there are concerns about: 

  • The mental capacity of the person who made the will 
  • Undue influence or coercion from another person 
  • Forgery or fraud 
  • Errors in how the will was executed or witnessed 
What happens during a will contest case? When a will is contested, the court will need to review evidence and collect testimonies alleging that the will is valid. This may involve reviewing medical records, financial documents, witness statements, or expert testimony. The court’s goal is to ensure the deceased person’s true intentions are honored and that the process is fair to all parties involved.
How long do I have to contest a will in Oklahoma? The timeline can vary depending on the circumstances and the probate process itself, but generally you have a limited time frame to contest a will. We recommend consulting with an attorney as soon as you suspect the will is invalid. 
How should an estate be administered? Where it has not been waived by the heirs or beneficiaries, Oklahoma law requires personal representatives to inventory the assets of an estate. At times, the personal representative may be required to account for revenue and expenses of the estate before the final accounting at the end of a probate. Where all assets and expenses of an estate are no longer in need of further handling, a personal representative must file a final account to get a probate closed and assets distributed. 
Who should serve as Personal Representative? If a decedent left a will, the will usually dictates who serves as personal representative. However, if the will is older, the person named may have already passed. Also, where no will was left, the court must appoint someone. Oklahoma law dictates the priority for who should serve, but there are other factors that should be considered by the Court before appointing a personal representative. 
What happens if assets are missing or were taken before the decedent passed? Discovery can reveal what happened with a decedent’s assets before they passed. Unfortunately, sometimes decedent’s are in a weakened mental state before passing and are taken advantage of. In some cases, if the person who is taken advantage of is an heir, the Court can order a surcharge against their share of any inheritance depending on the evidence that is uncovered.