How do we request more time or a continuance before our scheduled probate hearing? - Florida
The Short Answer
In Florida probate court, a hearing is typically continued only if the judge finds there is a valid reason (often called “good cause”) to move it. Because continuances can affect deadlines, notice requirements, and the rights of other interested persons, it’s important to have a Florida probate attorney evaluate the hearing notice and request the continuance in a way that protects your position.
What Florida Law Says
Florida probate hearings are governed primarily by the Florida Probate Rules and the court’s scheduling orders. While probate-specific continuance standards are often handled through court rules and local practice, Florida law recognizes that courts can continue proceedings in certain circumstances, and some statutes expressly address continuances in particular contexts.
The Statute
The primary Florida statute that expressly addresses continuances (in a specific context) is Fla. Stat. § 11.111.
This statute establishes that certain proceedings “shall stand continued” during legislative sessions and related periods when an attorney (or party/witness) qualifies under the statute and proper notice is given.
In most probate cases, however, whether you can get more time will depend on the judge’s discretion, the reason you need the continuance, whether other parties object, and whether the hearing involves time-sensitive issues (for example, objections, creditor issues, or disputes over estate assets like stock).
If you’re trying to understand what your hearing notice must include and how appearance requirements work, you may also find this helpful: What Does a Florida Probate Notice of Hearing Need to Include About the Hearing Location and How to Appear?.
Why You Should Speak with an Attorney
While “asking for more time” sounds simple, probate continuances can create real risk—especially in a reopened estate where newly discovered assets (like corporate stock) are being contested or delayed by a third party.
- Strict Deadlines: Some probate events are tied to statutory or court-ordered time limits. Missing a deadline (or assuming a continuance is granted when it isn’t) can waive rights or limit options.
- Burden of Proof: Courts often expect a clear, documented reason for moving a hearing (for example, the need to retain counsel, obtain records, or address a third-party refusal to transfer assets). The way the request is framed can matter.
- Exceptions and Local Practice: Each Florida circuit may have different scheduling procedures, required forms, or expectations (and some hearings are harder to continue than others). If other interested persons object, the court may deny the request or impose conditions.
In your situation—reopening an estate and dealing with a stock issuer refusing to transfer shares—an attorney can evaluate what the upcoming hearing is actually about, what evidence the court will expect, and how to request additional time without creating avoidable setbacks.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.