Florida Litigation: are you in the correct court? (venue)

Florida residents, and heirs and family members who inherit from Florida estates and trusts, may participate in the estate administration process.  For Florida residents, that forum is the probate court, where an estate has been “opened up”.  An estate of a deceased Florida resident is opened up , or a probate administration is brought, by filing a petition in the county where the Florida resident resided.  For people who were residents of Palm Beach County, Florida, the probate court has locations in Palm Beach Gardens, Florida, West Palm Beach, Florida and Delray Beach, Florida.  The Palm Beach County clerk’s office assigns a case of a deceased Florida resident generally by the resident’s address.  Most civil cases, which are not brought in the probate court, are assigned to the Main Courthouse in West Palm Beach.   Other than an estate administration or a probate administration, what do beneficiaries, heirs and family members do if they are embroiled in civil litigation involving inheritances, money and other disputes?   Generally, such a lawsuit must be filed in the proper venue or forum.  This may be a courthouse other than where the probate administration is taking place and it may be in the civil division, not the probate division.  Many Florida residents have family and beneficiaries throughout the United States.  If a lawsuit is in Florida that would be more convenient if filed somewhere else, one may file a motion to dismiss, or to change venue, based upon the legal principle of forum non conveniens.  The 4th District Court of Appeal recently wrote an opinion about this legal concept and the proper time frame for raising such an argument.  If not raised properly, this issue can be waived.   For a copy, please email michelle@pankauskilawfirm.com.  Advocate hard.  Litigate smart.