When an estate goes through probate, it is usually for one of several reasons. The deceased individual may not have had a valid will or someone may have contested the information in the will, causing the process to drag on a bit more. When the probate court makes a decision that an individual is not satisfied with, that individual can choose to file an appeal of the probate court decision. While no one is guaranteed to receive what they were expecting or what they wanted to get from their deceased loved one, completing an appeal could make it possible for the probate court decision to be overturned or adjusted in some way. Below, Giro Law explains what goes into an appeal of the probate court decision.
When you need representation for your probate case, contact Giles & Robinson, P.A.
Hiring an Attorney
Appealing a probate court decision is often complicated, so it is best to hire an attorney for help as soon as possible. The appeal should be filed within a 30-day period that starts from the minute the probate court makes its initial decision. Failure to file the appeal soon enough could prevent an individual from being able to have the decision overturned or adjusted in any way. Anyone who is hoping to receive additional assets not initially granted to him or her by the probate court should act quickly to find an experienced and reputable attorney to assist with the appeal. For more information please contact Probate Attorney in New Jersey for Free consultation
Requesting a New Trial
After hiring an attorney, the individual who would like to appeal the decision can put in a request for a new trial. The purpose of the new trial is to allow the individual to provide new evidence that may support their request for a change of the probate court decision. The attorney would need to work on collecting this evidence before attending the new trial with the client. Evidence may include written statements from witnesses and other documents that support specific claims made by the person contesting the initial decision. The Superior Court can review the new evidence and then make a decision based on their findings. The decision made will depend on the circumstances and the amount of evidence provided. In many cases, with the help of an attorney, the initial probate court decision is adjusted and the individual who chose to appeal that decision may be awarded more than what they were initially granted.
Need to Appeal a Probate Court Decision? Hire an Appellate Attorney
When a will goes through the probate process and the outcome is not what you were anticipating, you may feel the need to appeal the probate court decision. You have the right to do so as someone who may have been included in the deceased individual’s will. If you are going to appeal the decision, you must have an attorney available to help you with taking the necessary steps within the 30-day period. At Giro Law, we would like to help you with the appeal. Get in touch with us at 201-690-1642 to book a consultation and get this process started. Lear more about How Does A Medicaid Trust Work