Probate Appeals

The Probate Pro provides appellate services for all types of probate cases, whether we handled your case in the lower court or not.

An appeals case that has already been decided in the probate court must be filed with either the Court of Appeals or the Circuit court within the county where the probate case was decided. Once the probate case order has been entered, the appellant has 21 days from the order entry date to submit an appeal. Time frames and appeal requirements may vary depending on the type of case and the Court of Appeals, but failure to comply with the time frame assigned to the case could result in penalties and/or a dismissal of the appeal.

If you have lost a probate case and wish to appeal, please call us immediately. Due to the complexity of probate appeals and the strict timeframe applied, time is of the essence in obtaining leave to appeal your case.

An appeal is a request for a higher court to review the decision of a lower court. You can appeal almost any type of case, but remember that The Probate Pro only offers probate appeals.

It depends. While any probate lawyer has the qualifications to handle a probate appeal, some attorney may not be experienced in drafting and arguing appellate cases. In order to get the results you want, you should consult with your probate attorney about his or her experience with probate appeals and determine whether you should seek new counsel for your appellate case. Many times, your probate lawyer will advise you that they do not handle appeals and recommend you hire someone separately if you wish to appeal.

Appeals are very time consuming, both for the lawyers and the appellate courts. After an appeal is initiated, the attorney generally spend the next several months working on their appeal briefs. After that, it can take anywhere from a year and a half to two years for the appeals court to review your case and set it for oral argument.

Appealing can be very costly. Due to the complex nature of probate appeals, it is not uncommon for appeals to range from $10,000.00 – $20,000.00. As such, a cost-benefit analysis should be undertaken prior to deciding to appeal and you should have a frank conversation with your attorney about your chances of winning on appeal.

You can rest assured that our experienced and compassionate attorneys are equipped and ready to handle any probate appeal!

Go Ahead, Ask Away…

We’re here to help answer your questions. Probate matters can be complicated, let us be your guide. We have experts on hand to answer all of your probate related concerns. We take great pride in using our skills and knowledge to help walk you through all of your concerns. We take great pride in using our expertise for you and look forward to hearing from you.

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