Can You Appeal a Probate Order Right Away? Understanding Appealable Orders in Florida Probate Cases
If you received an unfavorable ruling in a Florida probate case, it can be frustrating. Naturally, many people want to know whether they can challenge the ruling immediately. The answer to this depends on the type of order that the probate court entered. While some court decisions can be appealed right away, others cannot. Understanding which orders are appealable and the deadlines involved is critical if you want to protect your rights to appeal the decision. Read on to learn more.
What Kind of Probate Court Decisions Can You Appeal?
Probate proceedings often involve multiple court orders issued throughout the estate administration process. Some of these orders can be final as to a specific right or obligation, meaning they may be appealed before the entire probate case is finished. Under Florida Rule of Appellate Procedure 9.170, many probate orders are immediately appealable if they finally determine a person’s rights or responsibilities.
Some common examples of appealable orders include:
- Removing Letters of Administration
- Revoking the probate of a will
- Granting or denying a petition for administration
- Removing a person’s representative or refusing to remove one
- Determining who is entitled to receive estate distributions
- Approving or settling a personal representative’s accounting
- Awarding attorney’s fees and costs
- Resolving will contests involving undue influence or lack of capacity
- Deciphering surviving spouse rights disputes
- Resolving homestead disputes
It’s worth noting that Rule 9.170 contains a list of more than 20 appealable probate orders, but the list is not exclusive. This means other orders may also qualify for appellate review, depending on the circumstances of the case. As such, seeking legal guidance can help you understand if your case qualifies. The sooner you do this, the better, to preserve your rights for appeal.
How Long Do You Have To Appeal a Florida Probate Decision?
Timing is one of the most important aspects when it comes to civil appeals. In most Florida probate cases, a notice of appeal must be filed within 30 days after the order is entered. Missing this deadline can result in losing the right to appeal.
However, certain post-decision motions filed in probate court can affect appellate deadlines. Therefore, it’s wise to speak with an experienced appellate attorney as soon as an unfavorable order is entered. If you wait too long, you may eliminate options you may have had leveraged had you acted sooner.
What Does the Probate Appeals Process Look Like?
During the probate appeal process, the appellate court doesn’t hear witnesses again or reconsider the evidence from scratch. Instead, the court reviews whether legal or procedural errors occurred at trial.
- The appellant files a Notice of Appeal with the Third District Court of Appeal and pays the required filing fee.
- The trial court clerk prepared the record on appeal.
- The parties submit written legal arguments called a brief. The initial brief is where the appellants explain why the lower court’s decision should be reversed.
- The opposing party then files an answer brief defending the ruling.
- An oral argument may be scheduled, although many appeals are decided based on written briefs and court records.
- The appellate court issues a decision.
Contact a Miami-Date Probate Appellate Attorney Today
If you believe a Florida probate court entered an incorrect ruling in your case, contact our Miami probate appeals lawyer at Valero Law today by calling 305-607-7011. We serve clients in Davie, Broward County, Coconut Grove, and Miami-Dade County.
