How do I appeal a probate court decision?

Asked by MjMark Tuesday Nov 29th 2011 - in Legal Concerns

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    Answered by Senior.Housing.Advisor Tuesday Nov 29th 2011

    If you disagree with a decision made by a probate court you always have a right to appeal it. This means you would present your case to another court. The appellate process can be timely and expensive so make sure the appeal is really worth the time and money it will consume.

    First research the time frame in which your appeal must be filed. In most states an appeal must be filed within 30 days of the probate court's decision. Then prepare a Notice of Appeal and file this with the probate court clerk. You will be required to pay a security of costs fee to the probate court clerk. This can range from about $150 to $300. There might be an additional fee for preparing the record to send up for the appeal and possibly another fee to transcribe the proceedings.

    You must then inform the probate court what records and documents you want sent up to the appellate court. This usually must be done within 10 days of filing the Notice of Appeal. Finally, prepare a brief in support of your appeal including witnesses and evidence. In the brief you must explain why you feel the lower court erred in its decision. Make sure to consult your state's Rules of Appellate Procedure for specific requirements for the brief.

    For more information about probate court read the article: Probate Court 101: What You Need to Know.

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