Interested Person (Probate) Law and Legal Definition

An interested person is one whose rights or relationship can be affected by the appointment of a guardian or conservator. An interested person’s rights or property interests can be affected by probate proceedings. A ward is considered to be an interested person, because his/ her rights are limited by such an appointment. A person who is nominated as a guardian or conservator is an interested person. Interested persons include legal representatives, spouse, parents, adult children, adult siblings, and other adults. Government agencies and health care agents or proxies can also be interested persons.

Pursuant to Section 1 201 of Uniform Probate Code, interested persons include heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or a claim against a trust estate or the estate of a decedent, ward, or protected person. Interested persons include persons having priority for appointment as a personal representative and other fiduciaries representing interested persons. The meaning of the term interested person varies from time to time. The meaning must be determined according to the particular purposes of, and matter involved in the proceeding.

In Spicer v. Estate of Spicer, 55 Ark. App. 267, 268 (Ark. Ct. App. 1996) an interested person is defined as "any heir, devisee, spouse, creditor, or any other having a property right, interest in, or claim against the estate being administered, and a fiduciary." An interested person may contest the probate of a will, or any part thereof, by stating in writing the grounds of his objection and filing them in the court.