What is the Difference Between an Evidentiary and Non-Evidentiary Hearing in Florida Probate Court?

Do you know what an evidentiary is? Florida probate lawyers know that there are two very different types of hearing – evidentiary and non-evidentiary. Do you know the difference? Florida estate lawyers know how important this truly is. Want to learn more? Check out this recent probate appeal from California.

Non-Evidentiary Hearings vs. Evidentiary Hearing

• So what is the big difference between these two hearings?
• Understanding the big deal is one of the reasons you need to consult with experienced probate attorneys Florida.
• For one thing if you think you are going to introduce evidence to the Court without an evidentiary hearing you are sadly mistaken.
• Florida probate judges have rules about when they accept evidence, and all of this is aside from the Florida Rules of what evidence can even be admitted.
• Florida estate lawyers know that there are only limited times when you are entitled to an evidentiary hearing and failure to use that right could be fatal to your Florida will contest.
• Judges do not have a lot of free time on their hands in probate court so they may be reluctant to give you an evidentiary hearing.
• Why?
• Because evidentiary hearings take more time.
• Some non-evidentiary hearings in Florida are less than five minutes!
• If you are entitled to an evidentiary hearing and the probate judge rules without one is that reversible error?
• Maybe in Florida it is.
• According to at least one appeals panel in California though, it is not.

Estate of Ford

• This was an appeal from a decision from the California probate court.
• A dispute broke out about which will should be admitted to probate and both sides hired estate attorneys.
• For some reason one of the sides did not show up for an important hearing and the Judge ruled against them.
• On appeal they argued that they were entitled to an evidentiary hearing because there was a dispute about which will to admit to probate.
• The judge disagreed, ruled against them and so they appealed.
• On appeal the court affirmed the ruling.
• Probate tip? Do not miss your hearing then appeal when the judge rules against you.

Want to learn more about evidentiary hearings?

Check out the entire case of Estate of Ford by clicking here.

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