We all know that losing a loved one is hard enough. When a disagreement over a will, a trust, or the handling of an estate follows, the stress can feel overwhelming. So, what is Estate Litigation? Estate litigation is the legal process used to resolve these disputes, and the rules differ depending on whether the estate is being administered in Maryland or in the District of Columbia. Knowing those differences early can protect your rights and help you avoid missing a critical deadline. This is why it is important to have a good estate attorney in your corner. 

Estate Litigation and What to know

Estate administration attorney Georgetown DC Estate litigation covers any court dispute about how a person's property is distributed after death. Common examples include will contests, challenges to trusts, claims that a personal representative or trustee mismanaged assets, disputes over who should serve as personal representative, and creditor claims against the estate. Many cases begin with a concern that something was not right when the will was signed or that someone in a position of trust is not acting fairly. Which is why it is important to have all of your legal paperwork done "before" you pass away if you own a home or property even if you don't, you should have a will and estate plan. 

Common Grounds for a Challenge

Estate planning attorney Montgomery County MD In both jurisdictions Maryland and DC did you know that a will may be challenged on several familiar grounds. A person may argue that the decedent lacked testamentary capacity, meaning they did not understand the nature of their property or who their natural heirs were. Others allege undue influence, where a caregiver, relative, or advisor pressured the decedent into changing their plans. A will may also be attacked for improper execution, fraud, or forgery, or because a later valid will exists. Separately, beneficiaries may bring claims for breach of fiduciary duty when a personal representative or trustee fails to account, delays distribution, or uses estate assets for personal gain. It can get messy which is why you must have an estates lawyer in your corner. 

Estate Litigation in Maryland

How is Maryland different? In Maryland, estates are handled by the Orphans' Court in each county and in Baltimore City. In Harford and Montgomery Counties, circuit court judges sit as the Orphans' Court. A challenge to a will is called a caveat. Under Maryland law, a caveat petition generally must be filed within six months after the first appointment of a personal representative under a will. When disputed questions of fact arise, such as capacity or undue influence, those issues may be transmitted to the circuit court for trial, including trial by jury. Creditors generally must present claims within six months of the date of death or within two months after receiving notice from the personal representative, whichever is earlier. It can get complex. 

Estate Litigation in Washington, DC

In the District however, estate matters are heard by the Probate Division of the Superior Court of the District of Columbia. A person who wishes to contest a will generally must file a verified complaint within six months after the first publication of the notice of appointment of the personal representative. Creditor claims generally must be presented within six months after that first publication as well. DC probate practice has its own forms, filing requirements, and procedures, so an approach that works in a Maryland county will not automatically work in the District.

Comparing Maryland and DC at a Glance

Checklist ItemMarylandWashington, DCProbate court☑ Orphans' Court (county based)☑ Probate Division, DC Superior CourtWill challenge filing☑ Caveat petition☑ Verified complaintWill contest deadline☑ 6 months after first appointment of personal representative☑ 6 months after first publication of notice of appointmentCreditor claim deadline☑ Earlier of 6 months after death or 2 months after notice☑ 6 months after first publication of noticeJury trial possible☑ Yes, issues may go to circuit court☑ Yes, in contested casesFiduciary misconduct claims☑ Available☑ AvailableMediation encouraged☑ Yes☑ Yes

Why Timing Matters

The most important lesson in estate litigation is that deadlines are strict. Missing a filing window can permanently bar a valid claim, no matter how strong the evidence may be. Gathering medical records, financial statements, prior wills, and witness information early gives you the best chance to present a clear case or to negotiate a fair settlement without a lengthy trial.

How We Can Help

The Law Office of Brian Gormley LLC helps families, beneficiaries, and personal representatives throughout Maryland and Washington, DC (and Virginia) work through estate disputes with care and clarity. Whether you believe a will is invalid, need to hold a fiduciary accountable, or have been named in a lawsuit yourself, we can review your situation and explain your options. Contact our friendly office today to schedule a consultation.

The Law Office of Brian Gormley LLC

This article is for general information only and is not legal advice. Reading it does not create an attorney client relationship.