Unfortunately, not all matters before the court resolve quickly and easily.  Our firm routinely handles estate litigation and guardianship and conservatorship contested matters.

What if someone objects to my petition for probate or guardianship? In Third District Court, which covers Salt Lake, Tooele, and Summit County, mediation is required if there is an objection to a petition for probate. In the case of probate, common objections include objections to the personal representative as well as objections to the validity (or existence) of a will.  In guardianship matters, common objections may include selection of the guardian and appropriate powers that the guardian should have.

How does mediation work? If there is an objection to an application for probate or guardianship, the court will refer the parties to mandatory mediation. The mediation process involves hiring a neutral mediator, and meeting with all interested parties (and their attorneys) in an attempt to resolve the dispute. While attending mediation is required, the parties are not required to settle the case. If the case is settled, however, the settlement is legally binding. The parties are responsible for the mediator’s fees. If the case is not settled in mediation, the parties may litigate the contested issues.