Use of Emergency Remedies, TROs, and Freezes in High-Stakes Cases
As important as it is, probate litigation can be a plodding procedural process involving wills, trusts, and, eventually, the orderly distribution of assets. But when disputes erupt over high-value estates, volatile family dynamics, or serious threats to property, the stakes escalate quickly.
If you have questions about any of the information provided here, contact us or reach out to one of our experienced estate litigation attorneys. You also can call us at 866-330-0578. We look forward to assisting you.
There are many ways a dispute can detonate. A sibling begins liquidating estate assets before the will is admitted to probate. A trustee is suspected of embezzling funds from a family trust. A surviving spouse attempts to transfer jointly held property solely into their name, bypassing probate.
In these situations, attorneys can use emergency remedies like temporary restraining orders (TROs), asset freezes, and ex parte motions to protect estate assets, beneficiaries, and the wishes of testators.
The Nature of High-Stakes Probate Disputes
High-stakes probate cases typically involve:
- Large estates with complex asset portfolios
- Disputed wills or trusts, often involving allegations of undue influence or incapacity
- Multiple heirs or beneficiaries with conflicting interests
- Urgent threats to estate assets, such as unauthorized transfers or sales
- Fiduciary misconduct, including self-dealing or failure to safeguard property
These cases can arise in families with significant wealth, blended families, or when a decedent’s estate includes businesses, real estate, or intellectual property. The urgency and complexity of these disputes often require immediate judicial intervention.
Emergency Remedies: Ex Parte Applications
In California probate courts, parties can seek ex parte relief—emergency orders issued without a full hearing—when there is a risk of irreparable harm or immediate danger to the estate or its beneficiaries. Common ex parte applications include:
- Freezing bank accounts or brokerage assets
- Restraining a fiduciary from selling or transferring property
- Appointing a temporary conservator or guardian
- Issuing special letters of administration to preserve estate assets
To obtain ex parte relief, the applicant must submit a declaration based on personal knowledge showing the urgency and harm that would occur without immediate court action. Courts strictly enforce notice and filing requirements. Failure to comply can delay or derail the request.
TROs and Asset Freezes
A Temporary Restraining Order, or TRO, is a short-term injunction that prohibits a party from taking specific actions—such as selling property, accessing accounts, or interfering with estate administration—until a formal hearing can be held. To obtain a TRO in a probate context, the moving party must demonstrate:
- Immediate and irreparable harm if the order is not granted
- Likelihood of success on the merits of the underlying claim
- Balance of harms favors the applicant
- Urgency that justifies bypassing standard notice procedures
TROs are often followed by a preliminary injunction, which can remain in place until the case is resolved. These orders are powerful tools for stopping unauthorized actions and preserving the status quo.
Strategic Use of Emergency Relief
Emergency remedies should be used judiciously. Courts are cautious about granting relief without full hearings, and misuse can backfire. However, when properly supported by evidence and legal authority, these tools can:
- Protect estate assets
- Prevent fiduciary misconduct
- Preserve beneficiary rights
- Maintain court oversight
Attorneys must act swiftly, prepare detailed declarations, and comply with procedural rules to succeed in these high-stakes moments.
Conclusion
Probate litigation isn’t always slow and procedural. When disputes involve significant assets, urgent threats, or complex family dynamics, emergency remedies like TROs and ex parte orders become essential. At The Estate Lawyers, we help clients navigate these critical junctures with precision, urgency, and strategic insight.
If you’re facing a probate dispute that’s escalating quickly, contact our team to discuss your options for emergency relief and asset protection.
Contact
If you have questions about any of the information provided here, contact us or reach out to one of our experienced estate litigation attorneys. You also can call us at 866-330-0578. We look forward to assisting you.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney–client relationship. If you have questions about your specific legal situation, you should consult a qualified attorney licensed to practice in your jurisdiction. This content is provided in accordance with the California Rules of Professional Conduct governing attorney advertising and public communications.