Florida Probate Appellate Lawyer

When Can You Appeal a Probate Decision in Florida?

Legal Grounds Recognized for Probate Appeals

Florida law allows interested parties to challenge probate decisions under specific conditions. An appeal must be based on identifiable legal grounds-not dissatisfaction with the outcome. The most common legal bases include lack of jurisdiction, improper notice, undue influence, fraud, lack of testamentary capacity, and errors in the interpretation of the will or trust.

• Lack of Jurisdiction: If the probate court did not have the proper jurisdiction-either over the person (personal representative) or subject matter-the decision becomes vulnerable to reversal. This includes situations where the decedent wasn’t domiciled in the county or where proceedings had already begun elsewhere.
• Improper Notice: According to Fla. Stat. § 733.2121, all known or reasonably ascertainable creditors and interested parties must receive formal notice. Failing to provide this notice invalidates subsequent court actions.
• Undue Influence: If a party manipulated the decedent into executing or amending a will against their free will, the court may overturn the probate ruling. Florida courts apply a presumption of undue influence under certain conditions, as established in In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971).
• Fraud or Forgery: Any acts of deception-such as submitting a falsified will or misrepresenting facts to the court-constitute grounds for appeal under Fla. Stat. § 733.109, which authorizes revocation of probate based on fraud.
• Lack of Testamentary Capacity: Florida recognizes that a testator must possess a “sound mind” at the time of execution. Medical records, witness testimony, and expert evaluations often form the basis of these appeals.
• Errors of Law or Procedure: Courts occasionally misapply statutes or fail to follow procedural rules. If the lower court committed a clear legal error, the appellate court can reverse or remand the decision.

Statutory and Case Law Foundations

Florida appeals in probate are governed by statutes in Chapter 733 of the Florida Probate Code and interpreted through appellate case law. Blinn v. Carlman, 159 So.3d 390 (Fla. 4th DCA 2015), emphasizes that standing, timeliness, and the procedural integrity of objections are all pivotal when determining whether an appeal will proceed. Additionally, Wilson v. Wilson, 138 So.3d 1176 (Fla. 4th DCA 2014), confirms that deviations in proper execution formalities justify potential reversal.

Courts in Florida give deference to factual determinations made by the probate judge, but they review legal questions and procedural applications de novo. This distinction directly affects the strategy used in framing the appellate argument.

Who can bring an appeal? Only “interested persons” as defined in Fla. Stat. § 731.201(23)-those who reasonably expect to be affected by the probate proceeding-have standing to challenge decisions.

Before considering an appeal, ask: was there a mistake in legal application, or merely disagreement with the outcome? Only the former will secure appellate review in Florida’s probate courts.

Appellate Procedure 9: The Backbone of Florida Probate Appeals

In the landscape of Florida probate appeals, the rules that govern how these cases move through appellate courts are not arbitrary. They follow a precise framework outlined in Florida Rules of Appellate Procedure, Rule 9. This rule set acts as the procedural bedrock for challenging probate rulings, dictating everything from how appeals are initiated to how the courts review detailed records from probate proceedings.

What is Appellate Procedure 9?

Florida’s Rule 9 governs all types of appellate review in the state, including civil, criminal, and administrative matters-but it plays a particularly structured role in probate disputes. The rule is divided into multiple parts, each outlining specific steps and standards. For example:

• Rule 9.110 controls final orders, including those from probate courts, when a party seeks to appeal a judgment conclusively resolving a matter.
• Rule 9.130 allows for review of non-final orders in limited probate circumstances, such as the determination of a personal representative’s legal standing or qualification.
• Rule 9.200 establishes the process for creating the appellate record, a critical element since probate appeals often involve detailed evidentiary findings.

Each rule includes strict formatting guidelines, page limits, and filing deadlines-deviations from which can result in dismissal. The procedural rigor ensures consistency and due process, especially when resolving conflicts involving estate assets, executors, or beneficiary disputes.

How Rule 9 Shapes Probate Appeal Strategy

Unlike initial probate filings, which center around petitions and hearings, the appellate approach demands meticulous attention to documentation, jurisdictional boundaries, and defined timelines. Rule 9 requires appellants to serve a notice of appeal within 30 days of a final order, with no room for extensions based on ignorance or procedural missteps.

Probate appeals guided by Rule 9 do not involve retrials. Instead, they rely heavily on the existing court record. That means the appellant’s written brief must prove-directly from the trial court transcript-that an error of law, abuse of judicial discretion, or misapplication of statutory provisions occurred. Rule 9 structures how this argument is made, from the organization of the brief to the manner in which legal precedent is cited.

Additionally, the importance of filing a consolidated record, adhering to prescribed font sizes, and limiting the number of pages creates a level playing field for all parties involved, and filters arguments down to legally substantiated points rather than emotional appeals or factual rehashing.

Anyone appealing a probate decision in Florida operates within the architecture of Rule 9. Mastery of its provisions transforms vague grievances into actionable, court-ready arguments.

Step-by-Step Guide to Navigating Probate Appeals in Florida

Filing a Notice of Appeal

The probate appeals process in Florida begins with the filing of a Notice of Appeal in the probate division of the circuit court that issued the original order. This action must be taken within the timeframe defined by Florida Rule of Appellate Procedure 9.110 governing final orders in probate cases. The appellant must also submit a copy of the notice to the relevant District Court of Appeal.

Record Preparation and Transmittal

Once the appeal is initiated, the clerk of the lower tribunal compiles the record on appeal. This record includes all pleadings, evidence, transcripts, and orders relevant to the probate decision being contested. The court clerk then transmits this official record to the appellate court. Without an accurate and complete record, the appellate court cannot review the case.

Drafting and Filing Appellate Briefs

The appellant submits an initial brief, laying out specific legal errors made by the probate court. This document outlines the arguments, cites authority, and frames the relief being sought. The appellee has the opportunity to respond with an answer brief, and the appellant may choose to file a reply brief addressing any new assertions. Florida’s appellate rules dictate strict formatting and page limits for these submissions.

Oral Argument (If Requested)

Either party may request oral argument, though the court has discretion to grant or deny it. If permitted, both sides present their positions before a panel of judges. This provides an opportunity for the court to ask questions and clarify key points. Oral arguments often influence the outcome in complex probate litigation, particularly in cases involving disputed will provisions or fiduciary breaches.

Appellate Court Decision

After reviewing the briefs, record, and oral arguments (if any), the appellate court issues a written opinion. The outcome may affirm, reverse, or modify the probate court’s ruling. In some instances, the matter may be remanded for further proceedings. Because appellate findings become part of Florida case law, the court’s analysis carries weight beyond the individual proceeding.

Compliance with Legal Protocols

Adherence to Florida’s appellate procedural rules is mandatory. A misstep-such as filing past the deadline, failing to preserve issues at trial, or omitting required documentation-can result in dismissal of the appeal regardless of the case’s merits. Court rules, like the Florida Rules of Appellate Procedure, outline precise format, timing, and content requirements. Counsel must structure appeals accordingly or risk procedural default.

Final Judgment and Further Appeals

If dissatisfied with the appellate court’s decision, the litigant may file a motion for rehearing or seek review by the Florida Supreme Court, depending on jurisdiction. However, the state’s highest court reviews only a narrow category of probate decisions involving significant legal interpretation or public interest. Most probate appeals conclude at the district court level.

• Clarity in legal writing and issue framing directly impacts success.
• Thorough understanding of procedural expectations avoids dismissals.
• Strategic choices in the trial record shape future opportunities for appeal.

What happens if the probate court overlooked a key witness or misapplied a statute? At the appellate level, answers emerge-based not on emotional pleas, but on clear, procedural legal standards. Each step in the process, from the first notice to the closing opinion, builds toward one central question: Did the lower court apply the law accurately?

Strict Timelines: Understanding Deadlines for Probate Appeals in Florida

Notice of Appeal: The 30-Day Rule

Florida law imposes a non-negotiable deadline when appealing a probate court decision. Under Florida Rule of Appellate Procedure 9.110(b), a party must file a notice of appeal within 30 days from the date the probate court renders a final order. “Rendered” means the written order has been filed with the clerk and recorded in the official court system – not merely announced in a hearing.

This 30-day clock starts ticking the moment the order is officially recorded. No extension requests will be granted for misunderstanding the timeline or delays in obtaining legal counsel after the ruling. Filing even one day late results in automatic dismissal, without any review of the appeal’s merits.

What Constitutes a Final Order?

In probate cases, not all rulings can be appealed immediately. Only final orders, which resolve all issues related to a particular “judicial act” in the administration, are subject to appeal under this timeline. Examples include:

• The admission or rejection of a will
• Orders determining beneficiaries or heirs
• Orders fully resolving a petition to remove a personal representative

Conversely, procedural rulings or interim orders often do not qualify unless certified by the court for immediate review. Any uncertainty about the finality of an order warrants a close look at the language of the judgment and its legal effect.

Other Critical Timeline Considerations

• Rehearing motions-If a party files a motion for rehearing within 15 days under Rule 9.330, the time to appeal pauses. The 30-day deadline re-commences once the probate court renders a ruling on the motion.  Learn more about Motions for Rehearing. 
• Cross-appeals-If the opposing party wishes to challenge a different portion of the same order, their notice of cross-appeal must be filed within 10 days after the initial notice of appeal.
• Record preparation-After filing a notice, the appellant has set deadlines to designate the record on appeal, submit transcripts, and file initial briefs. These requirements are governed by Rules 9.200 and 9.210.

Missed the Deadline? The Appeal Ends There

Failing to file on time kills the appeal without exception. No amount of substantive argument, no procedural workaround, and no judicial discretion can revive jurisdiction once it lapses. The appellate court strictly enforces these timeframes as a jurisdictional prerequisite – no timely notice equals no right to appeal.

Every day matters. Timely action preserves options; hesitation eliminates them. Anyone considering a Florida probate appeal must focus first on the calendar, not the contents of their complaint.

The Essential Roles of a Probate Lawyer in Appeals

Appealing a probate court decision in Florida initiates a highly structured legal process. The appellate stage isn’t about rearguing the case or introducing new evidence-it centers on identifying legal errors within the trial court’s proceedings. That’s where a probate lawyer’s strategic role becomes critical. From issue identification to oral argument, experienced legal counsel drives every phase of an appeal.

Core Responsibilities in the Probate Appeals Process

• Evaluating Legal Grounds for Appeal: A seasoned probate lawyer begins by reviewing the trial transcript, orders, and court documents to determine whether the lower court deviated from statutory or procedural rules under Florida law.
• Perfecting the Appeal: Florida Rule of Appellate Procedure 9.110 requires the notice of appeal to be filed within 30 days of the final order. Your lawyer ensures the case is perfected within this window, preserving the client’s rights to appellate review.
• Drafting Appellate Briefs: The probate lawyer crafts the initial brief, responding to complex issues such as undue influence, lack of capacity, or improper fiduciary actions. Unlike in trial court, the focus here lies in constructing sound legal arguments grounded in precedent.
• Research and Case Law Analysis: Appeals depend on persuasive legal reasoning. Lawyers research case precedents from Florida’s District Courts of Appeal and the Florida Supreme Court to underpin the appeal with jurisprudential authority.
• Oral Argument Representation: In cases where oral argument is granted, probate lawyers present the case before a panel of appellate judges. They respond to judicial questions, defend the integrity of their arguments, and dissect any counterpoints from the opposing counsel.

Guidance Through Legal Complexity

Beyond their procedural duties, probate lawyers offer clarity on highly technical legal standards. For instance, understanding distinctions between “substantive” and “procedural” error, or interpreting the effect of newly discovered evidence under Florida statutes, often requires professional interpretation. A layperson navigating this system without legal counsel risks missing arguments that could reverse or modify the judgment.

Lawyers also help filter emotional motivations from legally viable claims. In many probate disputes-especially those involving contested wills-the line between familial frustration and appellate merit isn’t always clear. Legal advisors narrow the appeal to issues that meet the narrow standard of appellate review, which significantly strengthens the submission.

To what end? In a successful appeal, the appellate court may remand the case, reverse the order, or issue new legal directives-each with meaningful implications for an estate’s administration or a beneficiary’s rights. The lawyer ensures the appellate court fully understands why the original ruling must be revisited under Florida law.

Common Probate Disputes That Lead to Appeals

When probate proceedings go awry, the aftermath often unfolds in the form of an appeal. Disputes erupt from emotional tensions, unclear documents, or missteps in administration. In Florida, a contested probate matter typically escalates when stakeholders believe the probate court’s decision veered from statutory obligations or mishandled evidentiary facts.

Types of Disputes That Commonly Arise in Probate Cases

Probate litigation doesn’t spring from a single source. Instead, several recurring disputes consistently fuel appellate activity. These include:

• Will Contests: Challenges over the validity of the will are among the most frequently appealed issues. Allegations of undue influence, lack of testamentary capacity, or improper execution procedures fall under this category.
• Breach of Fiduciary Duty: Beneficiaries may allege that a personal representative mishandled estate assets, failed to provide proper notice, or didn’t distribute assets according to the court’s order.
• Disputes Over Interpretation of Will or Trust Terms: Ambiguities in the language of estate documents often lead to conflicting views on intent, prompting appellate review.
• Improper Exclusion of Evidence: If the probate court excluded crucial testimony or documents during proceedings, appellees may argue that the decision was legally flawed.
• Standing and Heirship Claims: Individuals not recognized as beneficiaries might assert their right to inherit, particularly in the case of intestate succession or omitted heirs.

Examples of Disputes That May Justify a Probate Appeal

Probate appeals don’t hinge on dissatisfaction with the outcome-they require procedural or legal errors material to the decision. Consider these scenarios commonly seen in Florida appeal courts:

• An heir discovers post-hearing that a will admitted to probate was revoked-not submitting this evidence during trial, if not their fault, may warrant appeal based on newly discovered material evidence.
• A surviving spouse is denied their elective share due to misapplication of Florida Statutes-an error of law with a direct impact on the distribution mandates appellate correction.
• The court admitted a will despite testimony of coercion by a caregiver, and ignored documentation of a medical condition affecting capacity-the evidentiary record may be deemed unjustifiably overlooked.
• A personal representative distributes assets before creditor claims are resolved, and the court approved the final accounting-creditors may appeal citing breach of fiduciary duty and statutory violations.

Each of these cases reflects a dispute embedded with legal or procedural flaws. Those flaws, when they shape the final judgment, provide a direct path to appeal under Florida law.

Understanding Costs and Fees for Probate Appeals in Florida

Appealing a probate decision in Florida introduces a specific layer of complexity-not only legally, but also financially. Costs can vary widely based on the scope of the appeal, the duration of the litigation, and the legal strategies involved. Individuals considering a probate appeal must account for filing fees, attorney fees, court reporter costs, and potential expert witness expenses.

Breakdown of Typical Expenses

• Filing Fees: The Florida District Courts of Appeal charge a $300 filing fee for initiating an appeal, as outlined in the Florida Statutes §35.22.
• Attorney Fees: Most probate appeals do not follow contingency arrangements. Attorneys typically charge by the hour-rates fall between $250 and $600 depending on the firm’s reputation and experience in appellate litigation.
• Trial Transcript and Record Preparation: Transcripts of probate court hearings range from $3 to $7 per page, depending on turnaround time and reporter rates. Expect to pay several hundred to several thousand dollars.
• Expert Witnesses: Appeals involving disputed valuations or mental capacity claims may require expert testimony. Experts charge flat fees or hourly rates; some can exceed $500 an hour.
• Copying and Service Fees: Briefs, motions, and other court documents must be professionally prepared and served, costing several hundred dollars over the life of the case.

Cost Variables to Consider

Several factors influence the bottom line. Litigation between multiple family members over contested wills typically runs higher than a straightforward procedural appeal. If mediation is attempted before or during the appeals process, it may reduce expenses but adds its own set of costs. Appeals dragged out over many months rack up more attorney fees and court costs due to increased filings and briefings.

Preparing Financially for a Probate Appeal

• Request an Advanced Fee Agreement: Reputable attorneys provide a detailed engagement letter outlining fee structures, billing cycles, and retainer requirements.
• Build a Legal Budget: Planning for a range of $10,000 to $50,000 provides a realistic starting point depending on the circumstances of the appeal.
• Consider Legal Finance Options: Although rare for probate matters, some clients explore legal lending or payment installment plans.
• Consult a CPA or Financial Advisor: Tax implications and liquidity challenges from estate assets may influence your financial approach to a prolonged appeal.

Weigh the projected benefits of a successful appeal against the full spectrum of legal expenditures. How does success alter the distribution of the estate? Are the expected benefits commensurate with the total cost? Every appeal carries risk-understanding what’s at stake financially lays the foundation for strategic decision-making.

Finding the Right Florida Probate Appeals Attorney

Experience in Probate Appeals Makes a Measurable Difference

Not every attorney who practices probate law has the litigation and procedural insight to successfully handle an appeal. When hiring legal counsel for a probate appeal in Florida, track record takes precedence over general experience. Focus on attorneys who have actively litigated appeals in the District Courts of Appeal or the Florida Supreme Court and who can point to specific appellate decisions in probate matters they’ve influenced.

Look for published opinions under their name, especially in contested estates or will construction disputes. Ask pointed questions about the number of probate appeals handled, types of decisions challenged, and outcomes obtained. An attorney who has briefed and argued appellate cases brings a different level of strategic thinking, one that’s often invisible in trial stages.

Mastery of Florida Probate Law and Procedure Is Non-Negotiable

Florida probate law contains unique nuances. Procedural missteps-especially involving timelines, jurisdictional requirements, or standards of review-can end an appeal before the substance is addressed. That’s why familiarity with both Title XLII of the Florida Statutes (Chapters 731-735, governing probate) and the Florida Rules of Appellate Procedure, particularly Rule 9.110 and Rule 9.170, is mandatory.

An effective probate appeals attorney will:

• Analyze final and non-final orders under Rule 9.110 or 9.170 to determine if they are appealable in the first place.
• Understand how prior circuit court rulings, trust instruments, and testamentary intent intersect under Florida case law.
• Craft arguments aligned with the limited scope of appellate review-focusing not on re-litigating facts but identifying errors in law or procedure.

Evaluating Communication Style and Strategic Approach

What’s the attorney’s philosophy on briefing an appellate panel? Do they prefer a narrow focus on a clear legal error, or a broader constitutional argument? How do they approach oral argument preparation and rebuttal strategy? These questions reveal not just competence, but the fit between your expectations and their methods.

Don’t overlook responsiveness and clarity. A lawyer may hold deep knowledge of appellate law, but if they can’t clearly explain strategy or legal reasoning, that creates confusion-and in appeals, precision in language determines outcomes.

Key Traits to Prioritize When Choosing Your Legal Partner

• Board certification in appellate practice by The Florida Bar adds credibility.
• Practical courtroom experience in both trial and appellate levels enhances adaptability and foresight.
• Strong legal writing skills are indispensable; appeal briefs must persuade not through emotion, but logic and precedent.
• References from prior clients involved in contested wills or appeals provide insight into professional ethics and efficiency.

Ready to start the selection process? Begin by reviewing appellate court filings-many contain attorney names and docketed briefs. Then, schedule consultations with attorneys who specialize specifically in Florida probate appeals, not general probate or litigation. Precision in legal representation during the appeal stage determines whether the original ruling stands-or falls.

Special Considerations in Florida Probate Appeals: Guardianship Cases

How Guardianship Intersects with Probate Appeals

Guardianship proceedings in Florida often overlap with probate matters-particularly when disputes arise regarding the legal authority over an incapacitated individual’s person or estate. These cases can significantly affect the administration of a decedent’s estate, especially when questions of mental capacity and undue influence surface in the context of wills or trust modifications. A Florida lawyer handling an appeal in probate court must be intimately familiar with guardianship statutes under Florida Statutes Chapter 744, which governs the appointment, duties, and limitations of guardians.

When a probate appeal involves guardianship elements, the appellate court may need to review whether the original court appropriately evaluated evidence of incapacity, appointed a guardian correctly, or considered the preferences of the ward. These determinations can directly alter the outcome of estate distributions or trust executions, especially if standard of care or fiduciary duty is in question.

Delicate Complexities of Guardianship Disputes

Guardianship appeals are rarely straightforward. Challenges typically arise in emotionally charged situations, where family members may differ on care decisions, financial allocations, or control over assets. The appellate court must decide not only whether legal standards were upheld but also whether the trial court fully protected the rights of the ward. For example, the court may analyze if the alleged incapacitated person was given due process-including proper notice, legal representation, and the opportunity to be heard, as required under Fla. Stat. § 744.331.

In cases where a guardian’s decisions are appealed as part of a broader probate dispute, appellate review may also scrutinize the guardian’s conflicts of interest, failure to act in the ward’s best interest, or mismanagement of financial resources. Interwoven rights of beneficiaries, heirs, and the ward generate layers of legal entanglement that necessitate precise legal strategies during appeal.

• Did the lower court correctly determine the alleged incapacity based on medical expertise?
• Was the guardian’s designation impartial and justified under Florida law?
• Were financial decisions made during the guardianship period aligned with fiduciary obligations?

Each of these questions becomes pivotal during a probate appeal when elements of guardianship are challenged. Unlike standard probate administration, where documentation and asset distribution form the core, guardianship-based appeals demand a deeper inquiry into human rights, cognitive assessments, and fiduciary oversight.

In practice, a Florida lawyer appeal probate strategy must adapt to this layer of judicial complexity, coordinating closely with professionals in elder law, neuropsychology, and forensic accounting depending on the nature of the challenge. These cases do not merely reinterpret estate planning instruments-they can fundamentally reshape the legal protection and legacy of vulnerable individuals.

Take the Next Step Toward a Successful Florida Probate Appeal

Decisions handed down in Florida probate courts don’t always represent the final word. When personal stakes are high-whether involving an invalid will, mismanagement of estate assets, or exclusion of heirs-understanding how and when to appeal can shift the outcome. Probate appeals in Florida follow a defined legal structure, and navigating this process requires a firm grasp of both appellate rules and probate law nuances.

Every deadline matters. Missing the 30-day window to file a notice of appeal under Florida Rule of Appellate Procedure 9.110 will bar the case from ever reaching the appellate bench. Equally, vague or unsubstantiated claims won’t move a judge. Precision and timing work hand in hand to persuade the appellate court to hear the case-and to decide it favorably.

If questions about a probate ruling linger in your mind, or if you believe a court’s decision failed to reflect legal fairness or testator intent, now is the time to act. A consultation with a Florida lawyer skilled in probate appeals will bring clarity to your situation and help define a legal path forward.

Schedule a one-on-one consultation today. A targeted appeal strategy-tailored to the specific facts of your probate case-can illuminate viable legal remedies. Don’t let uncertainty define your outcome. Work with a lawyer who understands the depth of Florida probate jurisprudence and can move your appeal from groundwork to judgment.

What Orders Can Be Appealed in Probate and Guardianship Matters?

Final judgments and specific orders as set forth in the Florida Rules of Appellate Procedure.

What orders, rulings and judgments can be appealed in Florida probate actions and Florida guardianship actions has been a difficult conundrum for many years in Florida, given the ongoing and continuing nature of this proceedings.  In an effort to clarify what can be appealed, Florida added new Appellate Rule 9.170(b).

Florida appellate rule 9.170(b), which became effective on January 1, 2012, enumerates those probate and guardianship orders that finally determine a right or obligation of an interested party.  These orders include, but are not limited to, orders that:

(1) determine a petition or motion to revoke letters of administration or letters of guardianship;

(2) determine a petition or motion to revoke probate of a will;

(3) determine a petition for probate of a lost or destroyed will;

(4) grant or deny a petition for administration pursuant to section 733.2123, Florida Statutes;

(5) grant heirship, succession, entitlement, or determine the persons to whom distribution should be made;

(6) remove or refuse to remove a fiduciary;

(7) refuse to appoint a personal representative or guardian;

(8) determine a petition or motion to determine incapacity or to remove rights of an alleged incapacitated person or ward;

(9) determine a motion or petition to restore capacity or rights of a ward;

(10) determine a petition to approve the settlement of minors’ claims;

(11) determine apportionment or contribution of estate taxes;

(12) determine an estate’s interest in any property;

(13) determine exempt property, family allowance, or the homestead status of real property;

(14) authorize or confirm a sale of real or personal property by a personal representative;

(15) make distributions to any beneficiary;

(16) determine amount and order contribution in satisfaction of elective share;

(17) determine a motion or petition for enlargement of time to file a claim against an estate;

(18) determine a motion or petition to strike an objection to a claim against an estate;

(19) determine a motion or petition to extend the time to file an objection to a claim against an estate;

(20) determine a motion or petition to enlarge the time to file an independent action on a claim filed against an estate;

(21) settle an account of a personal representative, guardian, or other fiduciary;

(22) discharge a fiduciary or the fiduciary’s surety;

(23) award attorneys’ fees or costs; or

(24) approve a settlement agreement on any of the matters listed above in (1)-(23) or authorizing a compromise pursuant to section 733.708, Florida Statutes.

The list in Rule 9.170(b) is not exhaustive, and therefore orders not listed could still qualify as appealable orders that finally determine a right or obligation of an interested person.

Does Rule 9.170(b) apply to trust matters?

No.  By its terms, rule 9.170(b) only applies to probate and guardianship matters.  Difficulties can arise when probate and trust matters are consolidated and rulings apply to determine rights in both the estate and the trust.  Caution always requires filing a Notice of Appeal when there is doubt.  The worst thing that can happen is that the appellate court dismisses the appeal for lack of jurisdiction, which happens regularly for this very reason, but such an outcome causes no harm to the party.