WHAT IS AN ADVERSARY PROCEEDING IN FLORIDA PROBATE?

In most cases, disputes involving Florida Probate administration are adversary proceedings. These proceedings delay the probate administration, until the dispute is resolved.

Under Florida Probate Rules some disputes automatically become adversary proceedings. These include:

  1. proceedings to remove a personal representative,

  2. surcharge a personal representative

  3. remove a guardian

  4. surcharge a guardian

  5. probate a lost or destroyed will or later discovered will

  6. determine beneficiaries

  7. construe a will

  8. reform a will

  9. modify a will

  10. cancel a devise

  11. partition property for the purposes of distribution

  12. determine pretermitted status

  13. determine pretermitted share

  14. determine amount of elective share and contribution

  15. for revocation of probate of a will.

Other proceedings can become adversarial after the personal representative is served a formal notice.

After service of the Formal Notice the proceeding is conducted similarly to any other civil suit whereby the parties conduct discovery, including Requests for Production of Documents, Interrogatories, and taking depositions.

If you have questions regarding your rights in probate call Attorney Don Morrell of the Kendrick Law Group and schedule a complimentary strategy session.

#DonMorrell #EstatePlanning #KendrickLawGroup #Probate

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