5 Things Estate Beneficiaries Need to Know About Florida Probate Judges
If you are involved in a Palm Beach probate, then your Florida probate lawyer may
have explained how the probate process works. Here are 5 things to keep in mind about Florida Probate Judges who will be in charge of your probate — and your inheritance.
- Probate Judges = Umpires. Think of a probate judge as an umpire in some ways. They “call ’em like they see ’em.” That’s the basis of not only our Florida probate , but our entire judicial system & civil procedure. We have our financial, personal and other interests deteremined by an objective third party. They are dispassionate, objective, nuetral and fair — even when you don’t agree with them.
- There Are Rules To Follow. Just like a softball game, a Florida probate court has rules to follow. These are often found in our Florida Rules of Civil Procedure, the Florida Probate Rules, the Florida Probate Code and the Florida Trust Code. It’s not all balls and strikes: it’s close plays at the plate, evidentiary hearings and trials on will contests. Remember: like umpires, Florida probate judges can’t change the rules. You want 45 days to file a notice of appeal in a Florida will challenge instead of 30? The rules don’t call for it. Just like you can’t get 4 strikes in baseball. So, know the rules. One of the biggest mis-understood, and perhaps mis-used, maxims or beliefs is that a Florida probate court is a “court of equity”. Yes, Florida probate judges have great discretion to do fairness when justice requires: but that is not a pass and not a basis for everything you seek. Many times, a probate court’s hands are “tied” and they are restrained by some legal authority. Your Florida probate lawyer needs to have his or her own Florida probate authority: a probate statute, a Florida case or appellate opinion, or a Probate Rule–and not just a request for equity.
- The Game Can Only Last So Long. How long will the Palm Beach probate last? Months or YEARS ? Major league baseball plays 9 innings, adult softball in West Palm Beach plays 7 innings or 1 hour. Although Florida probate lawyers know that there is no set time limit for a Palm Beach probate, probate judges want to move things along and don’t like when things linger un-necessarily. Need time to work with the IRS over the estate tax return? That’s OK. But if nothing is happening in the probate, then the Florida probate judge may administratively close the Florida estate.
4. There Are Other “Games”. Your Florida probate is not the only one the Florida probate court has to deal with. In Palm Beach County, circuit civil judges have between 1400-1800 cases each year. Add on to that a figure if you have been assigned a foreclosure division to cover. Probate judges in Florida have jurisdiction over estates, probates, trusts (including Florida revocable trusts which become irrevocable after the trust creator’s death), and guardianships. Bottom line: probate courts are busy. Take this into consideration when you are asking for time for an inheritance lawsuit, Florida trust trial or an “emergency” hearing.
5. Probate Judges = Human. Just like umpires, they sometimes get it wrong. While Major League Baseball has a process to review certain calls, so does a Florida Probate Court. Motions for reconsideration are different than motions for rehearing which are different than appeals. Your Florida probate lawyer will know this. In probate court, it’s EVERYONE’S job to get it right and to follow the law and the Probate Rules. Good probate judges, if they have mis-understood or overlooked something, actually appreciate it when that is brought to their attention. And like MLB and the new review process, Florida probate lawyers sometimes get a second chance to look at a call.