Concord Probate Litigation Attorney

How to File a Claim Against an Estate

When a person dies, their estate must go through the probate process. An estate may include properties, assets, bank accounts, and other items or objects owned by the decedent. At a certain point in the process, people who have an interest in the estate may file a claim against the estate. For example, if a creditor believes the decedent owed them money before the deceased passed away, they may file a claim. If the executor or administrator does not approve the claim, the creditor may have to petition the court for payment, which causes estate litigation. When a claim is filed against an estate and the executor or administrator approves it, the claim will be paid out using the estate's assets. If you wish to file a claim against an estate, contact our Concord probate litigation lawyer at our firm for possible assistance.

Types of Estate Litigation

A common form of estate litigation is contesting a trust. The person who wishes to contest a trust must be a beneficiary, a devisee, or someone who would have inherited something if the decedent died intestate. A person of interest may file a claim against a trustee, or contest the proposed trust distributions or validity of the will. If a person wishes to file a claim against the trustee for a breach of trust, it must be done within a certain amount of time. An experienced attorney is familiar with such time restrictions, and can help a person file a claim against the trustee. For those who wish to contest the trust distributions, a beneficiary must object to the distribution within 30 days after the trustee sends the plan. Similar to the grounds of contesting a will, a person may claim that a trust was fraudulently created, written under undue influence, created while the person was incapacitated, or the entire trust was a mistake. Contesting the validity of a trust also has a certain time limit, and is extremely difficult to prove.

Our Concord Probate Lawyers Provide Assistance!

Our probate attorneys at Hebert & Dolder PLLC. know the time restrictions involved with all types of estate litigation. If a client wishes to contest a trust, we may be able to help. We also have experience in probate litigation, and assisting those who wish to contest a will. Please contact our firm to learn more information about estate litigation, and how we may assist you.

Contact Us

Our team is here to help. Contact us for a free consultation.


Hebert & Dolder PLLC - Concord Business Lawyer

Concord Office:
95 N State St,
Concord, NH 03301.
Phone: (603) 259-7061.
Fax: (603) 580-2072
Website: .

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Privacy Policy   |   Site Map

Call Today!

(603) 259-7061