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:
proceedings to remove a personal representative,
surcharge a personal representative
remove a guardian
surcharge a guardian
probate a lost or destroyed will or later discovered will
construe a will
reform a will
modify a will
cancel a devise
partition property for the purposes of distribution
determine pretermitted status
determine pretermitted share
determine amount of elective share and contribution
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.