How do you handle remaining assets distribution to heirs when there is a disputed will?

• A. The clerk ignores the dispute and proceeds with default distribution.
• B. Distribution is skipped until dispute ends; nothing recorded.
• C. The clerk would record the dispute and ensure parallel case management; the court will determine distribution.
• D. The clerk decides distribution based on what they think.

Answer: (C)

When a will is disputed, the distribution of remaining assets is not decided by the clerk. The correct approach is to record the dispute in the probate docket and set up parallel case management so the court can determine the distribution.

Recording the dispute ensures all interested parties and the court are aware of the contest, and it keeps related matters—such as the probate administration and the will contest—moving in tandem without one railroading the other. Parallel case management helps coordinate scheduling, notices, and filings across both proceedings, preventing conflicting orders and preserving assets until the court resolves the dispute.

The court will review the validity of the will, the terms of the bequests, and any applicable laws (including potential intestacy if parts of the will are invalid). Only after the court issues its determination can distributions be finalized. The clerk’s role is to facilitate this process, not to decide who inherits.