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Resolving Disputes Regarding Probate Court Jurisdiction


When a loved one passes away, their estate often goes through the probate process to ensure proper distribution and administration of their assets. Establishing the correct probate court jurisdiction is an essential aspect of navigating this complex legal process. Dealing with disputes regarding probate court jurisdiction can be both emotionally challenging and legally complicated.

This blog post is intended to provide an overview of probate court jurisdiction, discuss how jurisdiction is determined, and offer practical guidance on how to resolve disputes surrounding this critical legal issue.

If you are dealing with disputes regarding probate court jurisdiction, our skilled and results-driven lawyer at Mark R. Manceri, P.A., can help. Reach out to our Pompano Beach beneficiary disputes lawyer to discuss your particular case.

What Is Probate Court Jurisdiction?

Probate court jurisdiction refers to the authority that a probate court has to oversee the administration of an estate. The probate process is necessary when a person dies with assets that need to be distributed to their heirs or beneficiaries, either according to a will or state intestacy laws if there is no valid will. The probate court ensures that the deceased person’s debts are paid, their assets are properly distributed, and taxes or other financial obligations are properly addressed.

How Is Jurisdiction Determined?

Jurisdiction is typically determined based on where the deceased person resided at the time of their death or where they owned real property. In most cases, the probate court in the county or district where the deceased person lived will have jurisdiction over their estate. However, if the deceased person owned real property in another state or country, it may be necessary to initiate probate proceedings in those locations to properly address the handling and transfer of those assets.

Note: Under Florida Statutes § 733.101, the venue of probate proceedings should be in the county where the decedent was domiciled at the time of his/her death.

What if There Are Disputes Regarding Probate Court Jurisdiction?

Disputes over probate court jurisdiction can arise for various reasons. For example, parties may disagree about the deceased person’s actual place of residence or the appropriate venue for handling complicated multi-state or multi-national assets. These disputes can cause delays in the probate process, generate additional legal expenses, and lead to disagreements among beneficiaries, executors, or administrators of the estate.

How to Resolve Disputes Regarding Probate Court Jurisdiction?

There are several ways to resolve disputes over probate court jurisdiction. Open dialogue, negotiation, or mediation between the interested parties is often the preferred approach, as it tends to minimize legal costs and expedite the resolution of the dispute. If a mutually agreeable solution cannot be reached through these methods, a court may need to get involved. This may involve submitting a petition for determination of jurisdiction or removal to another court. Depending on the circumstances, an experienced probate attorney may recommend seeking a declaratory judgment to clarify which court has proper jurisdiction over the estate. In some cases, it might even be necessary to engage in litigation to resolve the conflict.

Consult with a Lawyer at Mark R. Manceri, P.A.

Disputes over probate court jurisdiction can be emotionally taxing and legally complex, but they are not insurmountable. By understanding the factors that determine a probate court’s jurisdiction and establishing a clear and open communication path between all parties involved, disputes can often be resolved efficiently and amicably.

If you find yourself facing a dispute regarding probate court jurisdiction, it’s crucial to consult with an experienced lawyer who can guide you through the process and ensure your rights and interests are protected. Contact our lawyer at Mark R. Manceri, P.A., to get a case evaluation. Call 954-491-7099 today.



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