Can Probate Be Stopped? - A Guide to the Process

Stopping the grant award is a straightforward process. By entering what is known as a “warning” in the Probate Registry, you can halt the issuance of a grant for a period of six months. The notice request will be effective one business day after it is received. The individual who issues the probate warning is referred to as a caveator. The probate court will then hear the caveator's evidence.

If the judge decides that the dispute is valid, the succession will be suspended. The executor of the will can ask for the warning to be removed, or the validity of the will and estate can be litigated in court. Probate litigation involves complex procedures and the application of specific laws. Illinois probate litigation lawyers can help you with your petition for notice of probate or in defending the validity of a will if you are the executor or the beneficiary. You can stop the issuance of an estate concession by entering a warning in the estate.

There is a small fee for this and the warning lasts for six months. A warning can be renewed after this time for an additional fee. This time it will allow you or your lawyer to investigate your possible claims. A warning prevents people who are executors or administrators from obtaining an estate grant or management letters and from distributing the estate. You may be concerned that the person seeking to file for probate is not a suitable person, for example, because they have a criminal record or because they say they will not distribute the estate according to the will or intestate succession (whichever applies).

Once the probate registry has issued a grant to the executor, they can begin their work of collecting and distributing the deceased's estate. With this information, whenever an estate has not been issued, a warning can be issued against it, preventing it from being granted an estate. You can write to the Probate Registry or apply online; you will need to sign a Form PA8 which can be found here. If the designated executor who wishes to request legalization objects to your warning being entered, you can issue a Deactivation Warning against it. Entering what is known as a “warning” in the Probate Registry stops granting probate for a period of six months. Most of the time, an executor will require a legal document, known as a Grant of Probate (“Grant of Probate”), in order to effectively manage an estate's assets.

If an estate grant has already been issued, a warning will not stop its administration. An estate grant allows an estate to be managed and assets distributed to beneficiaries. The warning will prevent an inheritance concession from being issued in the deceased's estate, thus preventing its executor from managing and distributing it. You can apply for it yourself, instruct an attorney, or instruct someone with a license to handle it. If you do not do so within six months, your warning will expire and an estate grant can be issued. A warning prevents an estate grant from being issued temporarily in an estate and therefore delays its assets from being distributed.

If you need help understanding how to stop probate or have any other questions about probate law, contact Probate Helpline 0300 303 0648 Monday - Friday, 8am - 6pm (closed on holidays). Learn about call charges.

Kathleen Huelsman
Kathleen Huelsman

Infuriatingly humble social media maven. Amateur internet expert. Award-winning music junkie. Extreme problem solver. Extreme twitter buff.

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