What is a probate caveat?

Sometimes, there are other parties interested in the estate of a deceased person who are, for one reason or another, not in contact with the court-nominated personal representative of the estate. If these individuals want to receive prior notice regarding the commencement of the probate estate, they may file a probate caveat.

A potential beneficiary or creditor will file the caveat with the intent of getting the court to notify them upon the opening of the estate. A creditor may file the caveat only after the death of the given individual, whereas the potential beneficiary may file the caveat before or after that individual’s death. In so doing, the potential beneficiary will be able to contest the appointment of the nominated personal representative.