Florida Appeals Journal 37: Who has jurisdiction in a probate case?

FLORIDA APPEALS JOURNAL™ JOURNAL ENTRY 37.2025
Recorded on June 27, 2025
#floridaappealsjournal #appeals #floridacivilappeals #attorneyfees #recordedclass

This case involved a legal fight over where to handle the father’s estate proceedings. Two of his children, acting as personal representatives of his estate, filed a probate case in Broward County. Another child, who had been disinherited in the will, argued that the case should be moved to New York.

The appellate court held that even though the father wasn’t living in Florida when he died, Florida courts still had the jurisdiction to handle his estate because he owned real estate in Florida. Florida law allows probate to take place in the county where the deceased owned property, even if they lived somewhere else at the time of death. Because the decedent owned several properties in Florida, probate was allowed.

The 4th DCA also held that Florida courts are not allowed to “transfer” a probate case to another state. Also, there wasn’t even a probate case open in New York at the time. The appellate court determined that if New York later opens its own probate case, then the Florida court may consider whether to defer to it. But until then, the case stays in Florida. The 4th DCA returned the case to the trial court to continue with probate in Florida.

CITATION
Markes v. Markes, 412 So.3d 767 (Fla. 4th DCA 2025)

For educational purposes only. Not intended to be used as legal advice.

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