How To Appeal a Will Contest Decision in Florida

A Florida court has ruled against you in a will contest, perhaps admitting a will to probate or rejecting your challenge. While the court may have got it wrong, on appeal, you’ll be required to show more than that the result was unfair. You need an appealable order and an error that affected the decision. That means looking at what happened in probate court, what arguments were raised, what evidence was admitted, and what the judge decided. Here is what to know before an appeal.

1.    Determine Whether the Order Can Be Appealed

Not every probate ruling can be appealed immediately. Under Florida Rule of Appellate Procedure 9.170, probate appeals are limited to final orders. So, for will contests, the court must issue a final order on the specific decision you wish to appeal.

2.    Identify the Error

What surprises most people is that an appeal is not a second trial. The issue on appeal is whether the probate court committed a legal or procedural error warranting appellate relief. For example, that could involve applying the wrong legal rule, using an incorrect standard, or making findings unsupported by the record.

3.    Check That the Issue Was Properly Preserved

Preservation is vital. If you didn’t object or bring up the specific argument during the initial trial, the appellate court may refuse to hear it. You cannot raise new complaints on appeal. Your trial lawyer had to get the judge’s mistake officially on the record when it happened.

4.    Determine Whether the Error Affected the Case Outcome

You must also demonstrate that the alleged error was significant enough to affect the result. Here, consider whether the court might have reached a different decision had the alleged error not occurred. If so, then you may launch the appeal.

What’s the Timeline To Appeal a Florida Probate Court Decision?

Florida gives you a limited window to take the next step, and missing the deadline can prevent the appellate court from reviewing the decision.

In some cases, you may first file a motion for rehearing within 15 days under Florida Probate Rule 5.020(d). When properly and timely filed, a motion for rehearing can affect when the deadline for an appeal begins to run.

If you do not seek rehearing or the motion is denied, the next step is filing a notice of appeal within 30 days after the judgement. The notice is filed with the trial court clerk, beginning the process of having the matter reviewed by the appropriate District Court of Appeal.

Since these deadlines are short, it’s worth speaking with a Florida probate appellate lawyer as soon as the court enters an unfavorable decision.

What Should You Ask an Appellate Lawyer?

When choosing the right lawyer for an appeal, consider the following questions:

• Have they handled Florida probate appeals before?
• What error do they see in the record?
• What documents and transcripts do they need?
• What relief may be available?
• What’s the likelihood of success?

The goal is not to appeal because you disagree with the lower court’s decision. It is to determine whether the record supports a specific legal basis for appellate review.

Contact Us for Legal Help

If you believe a Florida will contest decision was legally or procedurally flawed, contact our Miami probate and estate litigation lawyer at Valero Law today by calling 305-607-7011. Our attorneys can review the record and assess whether you have grounds to appeal. We serve clients in Davie, Coconut Grove, Broward County, and Miami-Dade County.