Mistakes To Avoid When Appealing a Probate Decision

After a California probate court makes a decision, such as a decision regarding a Will contest, one side may be unhappy with the outcome. Depending on the case’s specifics, it may be possible to appeal a probate decision to the appellate court. However, appealing a probate decision is a complex process that requires a thorough understanding of the law and careful attention to details. When appealing a probate decision, it is crucial to avoid making mistakes that could have adverse outcomes. One mistake can lead to unnecessary delays or costs. Some mistakes can even lead to your appeal being dismissed. Below are some of the mistakes to avoid when appealing a probate decision.

Mistake #1: Not Identifying Legitimate Grounds for the Appeal

The biggest mistake you can make is initiating the appeals process without identifying legitimate grounds for appeal. Dissatisfaction with the court’s decision or thinking a different outcome would have been better for you is not a valid reason for appealing a probate decision. To appeal a probate decision, you must show that the court made a legal error. Common grounds for appeal include;

• Errors in the application of the law, such as incorrect interpretation of relevant statutes
• Abuse of discretion by the judge. In other words, the judge made a decision that was unreasonable or arbitrary based on the facts of the case
• Procedural errors, such as improper admission or exclusion of evidence

In addition to showing that the probate court made a legal error, you must show that the error affected the outcome of your case. In other words, if the outcome of your case would have been the same had the mistake not happened, you may not have grounds for appealing.

Mistake #2: Missing the Deadline

A crucial thing to be mindful of when it comes to appealing probate decisions is time limits. After the final order is entered, you have a short specified time to file your appeal. The exact time you have to file an appeal may vary depending on the circumstances. Under California Rule of Court 8.104(a)(1), you may have as little as 60 days after the final judgment or order to bring forward your appeal. If you fail to meet the deadline for filing your appeal, your case will likely be dismissed, regardless of its merits. It is vital that you act fast after the probate court makes its decision.

Mistake #3: Misunderstanding the Role of the Appellate Court

Before filing your appeal, understand that the appellate court’s role is to examine whether the probate court made legal errors in its decision-making process. The appellate court will not retry your case or hear new evidence. It will not listen to witnesses testify. The appellate court will review the procedures and decisions in the trial court to ensure the proceedings were fair and the court applied the law correctly.

Mistake #4: Not Hiring an Attorney

Appealing a probate decision without the help of an attorney can be a costly mistake. The appellate process can be complex. An experienced probate attorney can help you navigate the complex legal process. They can ensure you don’t make mistakes that could adversely affect your case.

Contact Us for Legal Help

If you need help with a probate appeal, contact the skilled and dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_104