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Committee weighs proposed probate rule to allow immediate appeals of some court orders
Summary
The committee discussed a proposed rule (BRPP54A) to list specific probate and guardianship decisions that would be immediately appealable; supporters said it would clarify rights while critics warned it could cause delay.
The Legislative Committee on Judicial Rules examined a proposed amendment to probate procedures (BRPP54A) that would identify specific probate and guardianship orders that may be appealed immediately rather than waiting until final disposition. Joanne Ortell, presenting the proposal, said the amendment responds to instances where an interlocutory decision — for example, allowance to sell real estate — could be irreversible and therefore merits an immediate right of appeal. “If someone was upset by decision to sell…
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