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How Do I Object to Probate?

Fri Jan 29, 2021 | Probate |

After grieving the death of a friend or loved one, it seems cruel that you then have to deal with something as mundane as the distribution of their assets. Fortunately or unfortunately, life goes on, and the decedent’s will is admitted to probate. And yet, it can be overwhelming when you see what you believe to be an unfair distribution of your loved one’s estate. If you sense that something isn’t right with how the estate is being handled, a Boca Raton probate litigation attorney can help you understand your options. 

You Have a Right to Object

It’s first important to understand that you have a right to object to various aspects of the probate process. One of the purposes of the estate process is to handle any and all objections at one time and in one place so that, regardless of the outcome, the family can get closure when the estate is administered. As a result, you shouldn’t feel guilty for objecting if you have a valid basis for doing so. A Boca Raton probate litigation attorney can provide guidance on whether you have a good faith basis for objecting to the probate process. 

Possible Reasons for Objecting

There are many reasons why an heir or beneficiary may object during the probate process: 

  • You object to how the personal representative is handling the estate
  • You object to how the assets are being distributed to the beneficiaries
  • You object to the payment of a specific creditor’s claim
  • You object to the payment of the valuation of a creditor’s claim
  • You object to the payment of certain estate expenses
  • You object to the appointment of the personal representative
  • You object to the validity of the will itself

Before making your objection, we recommend speaking with a Boca Raton probate litigation attorney. If you do, in fact, have a valid basis for objecting, you want to make sure that you can build the strongest case possible. 

How to Make Your Objection with the Probate Court

To have your objection heard by the court, you will need to file a petition that outlines the elements of your case. In so doing, you will be expected to comply with the probate court’s procedural rules concerning how and when your petition must be filed, how the hearing will be conducted, and what evidence will be deemed acceptable to the court. When it comes to litigation, procedure is much more important than non-lawyers realize. If you fail to follow the court procedures correctly, you could do irrevocable damage to your claim. As a result, we recommend that you consult with a Boca Raton probate litigation attorney before attempting to file your petition on your own. 

The Deadlines Pass Quickly

Florida law dictates the deadlines when objections must be filed, and they come up sooner than many people expect. If you were served with formal notice of the probate process, you may have only 20 days from the date you were served to file your objection. Otherwise, you may have up to 90 days, which passes much more quickly than you think. If you think you have a valid objection, it is imperative that you act quickly. 

Call a Boca Raton Probate Litigation Attorney at Ellis Law Group

If you’re uncomfortable with how the probate process is unfolding, we can help you make sense of the situation. Call us today at 561-910-7500 or contact us online to schedule an appointment with an experienced Boca Raton probate litigation to discuss your case.