Have you been appointed to serve as personal representative of your father’s Last Will and Testament? ExperiencedPalm Beach probate litigators know that these days an estate can have property from all over the globe and accounts that are held all over the country. Did your loved one travel in his old age and have no real place he called “home?” Maybe he spent his final years traveling visiting his children, maybe he was jet setting either way the question is the same – which probate court has jurisdiction over the will? Check out this case out of Massachusetts to learn more about jurisdiction over probate.
Jurisdiction
- Jurisdiction is a fancy word for power or authority.
- The primary question is what court has the power to order the distribution of certain probate property.
- How can you tell whether or not the West Palm Beach probate court is the proper venue to administer the Last Will and Testament of your loved one?
Real Estate
- Perhaps the easiest jurisdiction question to be answered has to do with real property i.e. real estate.
- If you have property located in West Palm Beach or anywhere in Florida that county’s probate court has jurisdiction.
- In fact if your loved one resided in Florida the Florida probate court still does not have jurisdiction over real property located else where.
- So the ski cabin in Aspen will need to be subjected to an ancillary probate administration in Colorado.
- Same with the Beach House in Malibu, you will have to go to a California probate court.
In re Estate of Rush
- This was an appeal to the Court of Appeals in Ohio concerning whether or not the probate court had jurisdiction over the administration of the decedent’s estate.
- The decedent’s wife had filed in Ohio and his mother filed a will contest claiming the proper court was in Arizona thus the Ohio Court did not have jurisdiction.
- The Court found that the decedent was domiciled (i.e. lived) in Arizona, which meant that the proper venue for administration of the will was in Arizona.
- How can you be sure of where a loved one is domiciled if they are constantly traveling?
- Experienced Palm Beach probate litigators know that the court will look to many factors in determining whether or not they have jurisdiction.
Want to learn more about Florida probate and jurisdiction?
Check out the court’s summary of the case in a press release by clicking here.