1. The venue for probate of wills and granting letters shall be: a. In the county in...
Question:
1. The venue for probate of wills and granting letters shall be:
a. In the county in this state where the decedent was domiciled.
b. If the decedent had no domicile in this state, then in any county where the decedent's property is located.
c. If the decedent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides.
2. For the purpose of this section, a married woman whose husband is an alien or a nonresident of Florida may establish or designate a separate domicile in this state.
3. Whenever a proceeding is filed laying venue in an improper county, the court may transfer the action in the same manner as provided in the Florida Rules of Civil Procedure. Any action taken by the court or the parties before the transfer is not affected by the improper venue.
Example: Robert Reed was domiciled in the State of California at the time of his death. California's probate courts have in rem jurisdiction over Robert's property. The question that remains, however, is in which probate court should the administration of his estate take place? The court with the proper venue is the court in which the case should be filed. If Robert lived in Los Angeles at the time of his death, the probate court in Los Angeles County will be the proper forum or venue.
Example: If our friend Roger Rarebit's proper domicile was Boston, Massachusetts, his estate's venue would be Suffolk County. If his proper domicile was Miami, Florida, his estate's venue would be Miami-Dade County.
How is venue determined under the following law? What happens under the law when venue is laid in the improper county?
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill