How to Appeal a Probate Order in Florida – What You Have to Know
As a court-supervised procedure, probate involves several court decisions that will determine the distribution of the decedent’s assets, as well as other related questions.
However, what should be done if the probate court decides to uphold an unexpected decision? For instance, how should one react upon receiving far less than expected? Keep reading to discover how to appeal a probate order in Florida.
Appealing a Probate Order – Understanding the Process
An interested party who believes a mistake has occurred in probate court must determine whether a final decision was issued, as no one can appeal from an incomplete order. Therefore, multiple court orders may be appealed in a probate case.
As provided by Rule 9.170 (b) of the Florida Appellate Rules of Procedure, with a few legal exceptions, “appeals of orders rendered in probate and guardianship cases shall be limited to orders that finally determine a right or obligation of an interested person as defined in the Florida Probate Code.”
The same statute adds that “orders that finally determine a right or obligation include, but are not limited to, orders that:
Determine a petition or motion to revoke letters of administration or letters of guardianship
Determine a petition or motion to revoke probate of a will
Determine a petition for probate of a lost or destroyed will
Grant or deny a petition for administration pursuant to Fla. Stat. §733.2123
Grant heirship, succession, entitlement, or determine the persons to whom distribution should be made
Remove or refuse to remove a fiduciary
Refuse to appoint a personal representative or guardian
Determine a petition or motion to determine incapacity or to remove rights of an alleged incapacitated person or ward
Determine a motion or petition to restore capacity or rights of a ward
Determine a petition to approve the settlement of minors’ claims
Determine apportionment or contribution of estate taxes
Determine an estate’s interest in any property
Determine exempt property, family allowance, or the homestead status of real property
Authorize or confirm a sale of real or personal property by a personal representative
Make distributions to any beneficiary
Determine amount and order contribution in satisfaction of elective share
Determine a motion or petition for enlargement of time to file a claim against an estate
Determine a motion or petition to strike an objection to a claim against an estate
Determine a motion or petition to extend the time to file an objection to a claim against an estate
Determine a motion or petition to enlarge the time to file an independent action on a claim filed against an estate
Settle an account of a personal representative, guardian, or other fiduciary
Discharge a fiduciary or the fiduciary’s surety
Award attorneys’ fees or costs, or
Approve a settlement agreement on any of the matters listed above or authorize a compromise pursuant to Fla. Stat. §733.708″
Ultimately, one should know that the appeals process can be lengthy and complex, and there is no guarantee an appeal will prevail. Hence, it is crucial to sit down with an expert attorney to determine whether an appeal is actually worth all the effort involved.
Appealing a Probate Order the Right Way – Immediately Contact Your Florida Probate Lawyer
Business and Immigration Lawyer for Entrepreneurs, Start-ups, Small Businesses and Foreign Investors. Romy Jurado grew up with the business dream of becoming a lawyer and starting her own business. And today, she is living proof that dreams really do come true. As the founder of Jurado & Associates, PA, a specialty business, real estate, and immigration law firm, Romy's practice focuses primarily on domestic and international business transactions, with a strong emphasis on company formation, stock sales, and assets, contract drafting, and business immigration. In 2011, Romy earned her Juris Doctor degree from Florida International University School of Law. She is fluent in two languages (English and Spanish) and is the proud author of Starting a Business in the US as a Foreigner, an online business guide. Call 305-921-0976 or email [email protected] for a consultation.
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