Can You Have 2 Probates in Different States at the Same Time? Florida probate jurisdiction

What if your mother dies and she owned property in both Florida and another state, say, Massachusetts?  Can two states both have probates going on at the same time for her estate?  Which probate court wins?

A recent ruling from a court of appeals in West Palm Beach addressed this very issue, as well as the final order of a probate judge in West Palm Beach.  When you have a will of a Florida resident filed in, say, Massachusetts, can Florida also have a probate administration or must everyone go to Massachusetts?  In Florida, if you file a petition for administration of the estate here in Palm Beach County, that is, if you “open” a probate, the other side may try to dismiss it and argue that the probate should be in Massachusetts.   A “race to courthouse” really does matter.  Whoever files first, in Florida or Mass., is one factor for a probate court to consider.   Under the principle of priority, who filed first, who opened up the estate first, does matter.  One could try to dismiss the probate case that was opened second.  An issue becomes : when was the first estate “opened” and what does it mean to be “open”?  One opens an estate when service of process is made on people.  The court may dismiss the probate if it finds that probate is proper in another state.  The probate court in Florida can also stay the Florida probate, pending what happens in the other state’s probate court.  A stay in a Florida probate is a halt or a slow down (not necessarily, but sometimes, a stop) to the Florida estate administration process.   Probate courts should consider the other state’s probate, who filed first, the principle of priority, and also whether there is competent substantial evidence to stay the proceedings.  A probate court should make specific findings of fact in any ruling or order, since the court’s ruling on a motion to stay is reviewed by the appellate court based upon the following:  did the probate court abuse its discretion in staying or not staying the Florida probate?  For a copy of this case which is literally days old, email michelle@pankauskilawfirm.com.