Legal Question in Wills and Trusts in Florida
How do I file a discovery request in florida circuit court for a probate case?
2 Answers from Attorneys
As in any other circuit court case. You don't indicate if it is directed to a party or non party. That matters as a non party would need to get a subpoena served on them. For a party a request to produce or interrogatories, or requests for admissions, per the rules, can be sent to a party
It is going to depend; on who you are, what you are asking for and what the status of the probate case is. If you are not an 'interested party' within the meaning of the probate statutes, then you probably aren't entitled to anything other than what is in the public record; if you are an interested party what you can discover may be limited by how you are an interested party; i.e., a specific beneficiary who has received their specific devise is not entitled to general discovery or even notice of further proceedings. And it may depend upon what notice,if any you had of prior proceedings, i.e, if you are past the time to challenge the will then you are not likely to get any discovery unless you had filed a will challenge on a timely basis. You really should talk to a lawyer about this.