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Who pays for litigation costs during probate administration?

The idea of closing a loved one's estate may have some Oklahoma residents feeling as if they will obtain a sense of closure themselves. Of course, when going through probate administration, there is a chance that difficulties in the form of legal disputes could arise. Some individuals may feel the need to challenge certain aspects of the will, and if so, the executor will likely have to handle probate litigation.

As with most types of legal proceedings, especially those involving disputes, cases can become expensive. Court fees, costs associated with legal counsel and others expenses can have executors worried about how they will pay for the action necessary to address conflicts. Fortunately, the executor may have the ability to use estate funds rather than personal funds to move through the legal proceedings.

In order for the use of estate funds to be applicable, the dispute will need to revolve around some issue regarding the will and probate assets. For instance, if a person wants to challenge the contents of the will or the distribution of property, the executor could use estate funds for legal expenses. However, if the conflict pertains to non-probate assets, the use of estate funds may not be warranted.

In order to ensure that an executor knows his or her rights when it comes to using estate funds during probate administration, it may prove helpful to obtain reliable information. Experienced probate attorneys could help concerned Oklahoma residents better understand their powers and responsibilities when closing estates. This assistance may help put individuals more at ease as well as allow them to have guidance in the event that disputes do arise.

Source:, "Can An Executor Use Estate Assets To Pay Counsel Fees", April 26, 2018

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