15 Aug Probate Jurisdiction in Florida
The venue of a probate case is controlled by Florida Statute section 733.101. If a decedent was a Florida resident, their probate case must be filed in the county where they lived when they were alive. For an out of state resident, a probate case can be filed in a county where the decedent owned property. Probate cases are handled by circuit courts pursuant to Article V Section 20(3) of the Florida Constitution. Florida courts can only transfer property located within the state of Florida. Furthermore, a probate court only has jurisdiction over property that was owned by the decedent. However, a circuit court may freeze assets that are suspected to have belonged to the decedent until legal ownership is determined. Perez v. Lopez, 454 So. 2d 777 (Fla. 3d DCA 1984).
When completing probate in Florida, it is not typically necessary for clients to physically come to court. When hearings are necessary, clients can generally participate through video or telephone conference.
If you have lost a loved one who either was a resident of, or owned property in the the State of Florida, and need assistance with Florida Probate, CLICK HERE, to schedule a consultation with a Florida Probate Attorney.
We serve clients throughout Florida, including, but not limited to, those in the following localities: Alachua County including Alachua, Archer, Gainesville, Hawthorne, High Springs, and Newberry; Bay County including Panama City
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