An appeal is legal process in which a higher-level court is asked to review an original court’s decisions, looking for legal errors or mistakes. Probate court appeals can be taken to the South Carolina Circuit Court, and then up to the Court of Appeals and Supreme Court.
An appeal should be considered whenever the probate court makes an adverse decision affecting your right to substantial property or assets. Examples can include:
- Validity of a will (a will contest)
- Misconduct or fraud by a personal representative
- Conflicts of interest
- Distribution of property
- Identification or categorization of probate assets
In order to appeal you need to have received the final decision from the probate court. Once you have received this, the next step is to contact our office for an initial consultation. Since we accept probate appeals from around South Carolina we offer in-office or telephone based consultations (our office is located in Lexington). Due to the time requirement and substantive nature of the initial consultation it is on a paid-fee basis. Please forward or bring a copy of the final probate court decision with you to this appointment.
During the initial consultation you’ll have a chance to talk to an appellate attorney about your situation in detail. Additionally, you’ll have a chance to ask question about:
- The exact process for the appeal
- What issues can be raised
- What possible relief can an appeal provide
- Whether or not it makes sense for you to appeal (we don’t always recommend it!)
- How much an appeal will cost (our services are on a flat-fee basis, so you know for certainty what the total cost will be)
- Anything else you’d like to know
Ready to schedule your appointment? Give our office a call at 1-888-304-2418.