What is the Proper Venue For my Florida Probate Proceeding?
Venue For Probate Proceedings in Florida
Venue is a legal term for where you can file a lawsuit. In other words, a venue is where actions or a lawsuit can be brought. Florida is the jurisdiction or “forum”, but venue refers to the particular county. For example, some cases can be brought in Orange County, while others can be brought in Palm Beach County.
Florida Statute 47.011 & Trust Lawsuits
Florida Statute 47.011 provides that “actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.”
Therefore, in a trust lawsuit, multiple factors will be considered to determine proper venue. Courts may consider where the trustee resides, where the trustee’s principal place of business is, where the Florida trust is being administered, etc.
You should not assume that where the estate money is located is automatically a proper venue. For example, the estate money being located at a bank in Miami-Dade County, doesn’t guarantee that Miami-Dade County is a proper venue in which to sue the trustee.
Venue and Florida Probate Administration
Florida Statute 733.101(a) states that venue shall be in the county in this state where the decedent was domiciled. “Domicile” is defined in Florida Statute 731.201(13) as “a person’s usual place of dwelling and shall be synonymous with residence.” Florida probate attorneys know that, if the decedent was not domiciled in Florida, his or her estate may still be probated in 1) any county where the decedent’s property is located or 2) if they have no property in Florida, in the county where any debtor of the decedent resides.
Venue And The Florida Probate Courts
Probate courts are located in every county throughout Florida. Some counties even have multiple probate courts. Knowing what venue your case should be in is important so that your lawsuit is filed in the proper Florida probate court. If it is filed in the incorrect venue, you may encounter a motion for transfer of venue.
The probate courts are located within “judicial circuits.” Pankauski Hauser handles cases throughout Florida. For example, we frequent the following courts:
Broward County (Seventeenth Circuit)
Miami-Dade County (Eleventh Circuit)
Palm Beach County (Fifteenth Circuit)
Transferring Venue in Florida
As mentioned above, a transfer may be granted in certain circumstances or if a case is filed in the wrong venue initially.Florida Statute 47.122 states that “ for the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to another court of record in which it might have been brought.”
Cohen v. Scarnato
An April 10, 2019 Fourth DCA opinion, Cohen v. Scarnato, is a good example of a Florida inheritance case that involves a transfer of venue. Here, a motion was granted for a Florida trust dispute to be transferred from Broward County to Flagler County. However, this decision was appealed.
The Florida appellate court explained that “the party seeking transfer must submit affidavits or evidence to show that a change of venue is necessary for the convenience of the parties or witnesses or in the interest of justice.” Furthermore, even after evidence is shown to prove the change necessary, a court may transfer venue only to a court where the action could have initially been filed.
Here, there was not sufficient evidence to justify the transfer of venue. Therefore, the appellate court reversed and remanded. What evidence is needed to show that a change of venue in Florida is necessary for the convenience of the parties or witnesses, or necessary in the interest of justice? Read this Florida trust lawsuit in its entirety to find out.
An experienced Florida probate lawyer or West Palm Beach trust litigator can help you determine whether your inheritance lawsuit should be transferred to a different venue. To interview the managing partner at Pankauski Hauser, John Pankauski esq., call (561)514-0900 ext.101.