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Can You Appeal a Probate Decision?

When a person passes away, the courts will typically try and honor their final wishes to the best of their ability. When a watertight estate plan has been created, this task can be much easier. When there has been no estate planning or the instructions are unclear, a legal dispute may arise.

Disputes over estate plans and inheritance fall under the jurisdiction of the probate court. It is here that the evidence will be examined and a final ruling will be made. Is it possible to appeal the decisions of the probate court?

Was there an error in law?

The probate courts have a duty to interpret and apply the law correctly. It is not enough simply to disagree with the decision of the court, you must be able to show that they have made a legal error. For instance, if they have applied a legal principle that is not relevant to the state of Georgia, then you may be able to challenge their decision.

Is there fresh evidence?

It might also be possible to bring an appeal if fresh evidence is used that was not presented in the original case. While there is no guarantee, it is possible that an appeal court will be willing to listen to fresh evidence that would have had a significant bearing on the ruling in the original case.

Seeking legal guidance

Probate appeals can be very tricky to navigate, so it’s important that you don’t tackle them on your own. Having someone on your side who has experience with civil law appeals will give you the best possible chance of achieving your desired outcome.

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