Attorney Jeffrey P. Coleman describes how the burden of proof plays a part in probate litigation.
The question of who has the burden of proof in a will contest is something that is fairly complex. The burden of proof can actually shift through a number of different procedural efforts that can be made by the parties.
For instance, the burden of proof is different once the will has actually been admitted to probate and a court has accepted the will and a contestant is now trying to set it aside. Therefore if you think it’s important that you attack a will, it is very critical that you retain counsel and move promptly before the will is admitted to probate.