Can I Ask the Florida Probate Court for a Continuance (More Time) Before a Scheduled Hearing? | Florida Probate | FastCounsel
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Can I Ask the Florida Probate Court for a Continuance (More Time) Before a Scheduled Hearing?

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.

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.

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.