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Probate Litigation vs. Probate Administration: What’s the Difference?

August 22, 2025
Jana Lamanna
Jana Lamanna

Jana Davis Lamanna is experienced in the areas of probate/trust/estate litigation, divorce/family law, probate administration, estate planning, guardianship and conservatorship law, and assisted reproductive technology law.

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When a loved one passes away, understanding the correct path to settle their estate is crucial. Two terms you’ll often hear are probate administration and probate litigation. Though they share the probate label, they serve very different functions. Here’s a detailed, empathetic breakdown to help you navigate what each means and when you might need professional legal help from TN Probate Lawyer.

What Is Probate Administration?

Probate administration refers to the formal process of settling a decedent’s estate. It begins once a probate court grants authority to the executor or administrator this could be called “probating” a will or appointing someone to oversee the estate when there’s no valid will. The steps include:

  • Verifying the will and appointing the executor.
  • Identifying, inventorying, and valuing assets.
  • Notifying creditors and paying debts and taxes.
  • Distributing remaining assets to beneficiaries.

Probate administration is typically non-adversarial. It’s about orderly estate closure following the will, or, in its absence, applicable intestate laws.

What Is Probate Litigation?

Probate litigation arises when disputes emerge during the probate process. These can involve:

  • Contesting a will’s validity due to undue influence, lack of capacity, or fraud.
  • Allegations of breach of fiduciary duty by executors or personal representatives.
  • Disputes over asset distribution among beneficiaries.
  • Conflicts involving guardianship or conservatorship decisions.

Probate litigation is adversarial and typically involves court hearings, evidence, and legal arguments.

Key Differences at a Glance

Feature

Probate Administration

Probate Litigation

Purpose

Distribute estate per will/intestacy

Resolve disputes or challenges during probate

Nature

Cooperative and procedural

Adversarial and court-centered

When It’s Needed

Routine estates, uncontested wills

Disputed wills, executor misconduct, conflicts

Outcome

Smooth asset transfer to beneficiaries

Court rulings, possibly altering estate direction

Why It Matters for You

Understanding the difference helps you plan the right route for your situation:

  • For most families, probate administration is sufficient a straightforward process to settle affairs.
  • But if conflict arises, timely probate litigation may be essential for protecting your rights or ensuring fair distribution.

Having an attorney who is experienced in both areas ensures you’re prepared whether smooth administration or complex litigation.

How TN Probate Lawyer in Shelby County Can Help

  • Streamlined Administration: From filing the initial petition to handling detailed inventories, TN Probate Lawyer ensures everything proceeds efficiently and correctly.
  • Effective Litigation Support: If disputes arise whether it’s a will contest or fiduciary breach our team is ready to advocate for your rights with courtroom experience and legal expertise.

Final Thoughts

Probate administration and probate litigation serve different roles but both are part of probate’s broader landscape:

  • Administration is about orderly, respectful closure.
  • Litigation steps in when conflict threatens that closure.

Knowing which path you’re on helps you work with clarity and confidence through a difficult time. If you’d like help understanding your particular case or need guidance on potential disputes reach out to TN Probate Lawyer. We’re dedicated to supporting families in Shelby County with both compassion and skill.

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Black McLaren Jones Ryland & Griffee, P.C.

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