Plenty of different issues end up in court when it comes to estates, probate and the administration of trusts, but what actions go to probate court? Experienced Palm Beach probate litigators know whether an action belongs in probate court or civil court. How can you tell? Check out this quick reference guide for understanding the jurisdiction of the West Palm Beach probate court.
The Basics: What is Jurisdiction?
- Jurisdiction is just a fancy word for “authority.”
- In other words a court with jurisdiction has the authority to tell parties what to do and how to do it.
How is the Florida Court System Divided Up?
- Various different Circuit Courts exist in Florida can you name a few?
- The big catch alls are certainly criminal and civil.
- Did you know there is a separate court in Florida for collections, veterans, traffic issues and juvenile matters?
- Florida also has separate courts for domestic relations, family matters and drug offenses.
- Finally there is the probate court.
- So what goes to West Palm Beach Probate Court?
West Palm Beach Probate Court 101
- The Circuit Courts in Florida are the trial courts of general jurisdiction and the probate division has several important roles.
- All proceedings relating to the settlement of estates and wills go to probate court.
- Also guardianships, involuntary hospitalization, and determinations of competency also belong in West Palm Beach probate court.
- The probate division also has jurisdiction over any proceedings related to the Jimmy Ryce Act which has to do with sexual predators.
- In general the rule seems to be if its about a persons estate it should go to probate court, but what about tortious interference with an expectancy interest?
- This is certainly related to estates but the thing is it is also about tort law.
- Tort law usually belongs in the civil court.
- In West Palm Beach these matters go to the civil court.
- This is because they are alleging a tort, something wrong, not an estate matter.
Want to learn more about how the West Palm Beach Probate Division works, then go to their homepage by clicking here.