Can you change the terms of a will by mutual agreement of beneficiaries, instead of litigating over original will?

Asked almost 2 years ago - Benicia, CA

Father is deceased and before probate began, there were threats to contest the will. Parties have worked things out. Does the original will go into probate, with the new "agreement" in place?

Attorney answers (3)

  1. Christine James


    Contributor Level 20


    Lawyers agree

    Answered . Yes. Prepare a settlement agreement telling the court of the reason for the disagreement and what the settlement is. Have the court approve the agreement and the terms will need to be made part of the final order.

  2. Amanda Marie Cook

    Contributor Level 15


    Lawyers agree

    Answered . You can settle pretty much anything out of court process; in fact, it is generally preferable to do so. However, you should make sure that procedurally you get it all done correctly with the court.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  3. Bernard Harley Greenberg

    Contributor Level 10


    Lawyers agree

    Answered . Whether a Will must be probated is a separate question from how to complete an estate settlement agreement. All the parties and their counsel should meet with the Personal Representative and their counsel to work on the resolution to this question.

    This AVVO answer does not and is not intended to constitute legal advice. This answer may also not be used in any... more

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