In life, nothing is certain. As such, it’s important to understand that there may be issues during the probate process that require amending the probate order. This process is already complex, so it’s in your best interest to connect with a Pasco County, FL probate lawyer who can assist you through these challenging times. The following blog explores why you may need to amend probate and the steps you must take if this is necessary.
Why Might I Need to Amend Probate?
Probate is the process by which the courts oversee the distribution of someone’s estate after their passing. Generally, this involves validating the will to ensure it complies with state requirements. This process can be complex and time-consuming, as there are many steps involved.
Due to the complex nature of this process, it’s not uncommon for issues to arise. As such, it may be necessary to amend a probate order if any of the following circumstances apply:
- Clerical errors
- Misspellings
- Omission of assets or beneficiaries
- Finding hidden assets
- Change of beneficiary status
- Discovery of a new will
Generally, anyone with a vested interest in the estate is eligible to petition the court to amend a will. This includes beneficiaries, creditors or executors. So long as the party can prove their relation to the estate and provide a detailed description of why they are petitioning for an amendment, the courts will begin the process.
What Is The Process for Making Changes?
After a vested party has filed a petition to start the amendment process, they must then compile a considerable amount of evidence to help support the need to amend the probate order. Generally, the evidence collected must be able to compel a new judgment. The evidence necessary may include financial records, birth certificates, property appraisal or any other legal document that helps show a modification is necessary. The more evidence you can collect, the better.
Following the submission of the necessary petitions and evidence, the courts will hold a probate hearing, where those interested will argue why a modification is necessary. Though making a change may seem relatively straightforward, this is not always the case as others may argue against making changes to the probate order.
As such, it’s in your best interest to connect with an experienced attorney who can help you navigate the process of petitioning for a change to probate and argue against the opposition during these matters. Additionally, if the order is amended, your attorney can help you enforce the changes to ensure compliance with the court’s order.
The probate process is often overwhelming, as you’re likely still mourning the loss of your loved one. That’s why the team at the Law Offices of Matthew J. Jowanna, P.A., is ready to assist you. We understand how complicated these issues can be, so we’re here to help handle the legal complexities so you can focus on celebrating the life of the deceased. Connect with us today if you have issues regarding the probate process to learn how we can help you.