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By: Scott Grossman on August 27th, 2016

Want To File An Appeal? Know Your Deadlines

 

If you were involved in a trust or estate dispute, you may have needed to pursue legal action by going to trial. The trial court may have ultimately ruled in favor of the other party. Fortunately, all hope may not be lost. You could be entitled to pursue an appeal. The California Probate Code outlines specific types of court orders in proceedings governed by the Probate Code that are appealable. It is crucial, however, that you act quickly in order not to find yourself barred by time limitations.

Rules About Filing Deadlines for Appealing a Trusts and Estates Dispute

Generally, unless an exception applies under California law, a notice of appeal must be filed on or before the earliest of:

  1. 60 days after the superior court clerk serves you with a “Notice of Entry” of judgment or a file-stamped copy of the judgment that shows the date it was served. You must file a notice of appeal within that 60-day window.
  2. 60 days after you either serve or are served by another party with a “Notice of Entry” of judgment or a file-stamped copy of the judgment. The Notice of Entry must be accompanied by proof of service. Again, your notice of appeal must be filed within that 60-day timeframe.
  3. 180 days after there is an entry of judgment.

Pursuing an appeal as a result of a trust and estate dispute is an important legal option that should be carefully considered by any party who loses at trial. With the deadline for filing an appeal falling relatively quickly, it is more crucial than ever that clients considering this option seek guidance from an experienced legal professional. We are here to help. We have assisted many clients in pursuing their legal rights pertaining to trust and estate litigation matters. Learn more by checking out our client testimonials page today.

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The Grossman Law Firm, APC · · (951) 523-8307