Can You Appeal a Probate Court Decision in California? Process, Grounds, and Deadlines

California probate court handles some of life’s most sensitive legal matters—disputes over wills, trusts, and the administration of estates. But what if you believe the probate judge made a legal mistake or issued an unfair ruling?

Yes, you can appeal a probate court decision in California, but it’s a complex and time-sensitive process. This post outlines when and how probate appeals work, what issues can be appealed, and what to expect if you decide to move forward.

What Is a Probate Appeal?

A probate appeal is a formal request for a higher court (usually the California Court of Appeal) to review a decision made by a probate judge. Unlike a trial, an appeal does not involve presenting new evidence or calling witnesses.

Instead, the appellate court reviews the written record of what happened in the probate court and decides whether there were any legal errors that justify overturning or modifying the lower court’s decision.

What Types of Probate Decisions Can Be Appealed?

Not all rulings in probate court are appealable. Generally, only final orders or judgments may be appealed. These include:

• Orders approving or denying a will or codicil

• Rulings on trust validity or interpretation

• Orders removing or appointing a trustee or personal representative

• Disputes over inheritance rights

• Orders approving accountings or distributions

• Rulings on property ownership under a Heggstad petition

Interim orders—such as scheduling hearings or discovery rulings—are usually not appealable until a final order is issued.

How Long Do You Have to File a Probate Appeal?

Under California Rules of Court, most probate appeals must be filed:

• Within 60 days after a notice of entry of judgment is served, or

• Within 180 days of the ruling if no notice was served

Missing these deadlines usually means losing the right to appeal entirely. Time is critical, so consult a probate litigation attorney immediately if you’re considering an appeal.

Grounds for Appealing a Probate Court Decision

You can’t appeal just because you’re unhappy with the result. You must show that the probate judge made a reversible legal error, such as:

• Misinterpreting the law

• Failing to admit or exclude key evidence properly

• Abusing judicial discretion

• Violating procedural rights

The appellate court does not reweigh evidence or redecide factual issues—it only reviews the legal process and conclusions.

What Happens During a Probate Appeal?

The probate appeal process includes:

1. Filing a Notice of Appeal

2. Preparing the appellate record (transcripts, documents)

3. Submitting written briefs explaining the legal arguments

4. Oral argument (optional in some cases)

5. Decision by the Court of Appeal, which may affirm, reverse, or remand the case

The process typically takes 6–18 months, depending on the complexity of the case.

Should You File a Probate Appeal?

Before filing, consider:

• Strength of your legal argument

• Cost of appeal, which can be significant

• Time and emotional toll

• Likelihood of success, which is generally low unless a clear legal error occurred

In many cases, a probate litigation attorney can help you explore alternative options, such as a motion for reconsideration or negotiated resolution.

Final Thoughts

Yes, you can appeal a probate court decision in California—but it’s not a step to take lightly. Probate appeals are high-stakes, deadline-driven, and require a strong legal basis. If you believe an error occurred in your case, don’t wait to seek experienced legal guidance.

Considering a Probate Appeal?

At Moravec, Varga & Mooney, we have extensive experience representing clients in probate and trust litigation, including appeals. We’ll help you evaluate the strength of your case and chart a strategic course forward.

📞 Contact us today to schedule a consultation.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.