Detailed Answer
Under Florida law, you must file probate (administration) in the county that provides the proper venue. Florida statutes outline clear rules for both opening and transferring (ancillary) estates.
1. Primary Probate Venue
Florida Statutes Section 733.101(1) directs you to the decedent’s county of domicile at death. “Domicile” means the principal place of residence. If the decedent lived in Miami-Dade County, you file there even if most assets sit elsewhere. See statute: Fla. Stat. §733.101(1).
2. Secondary or Ancillary Probate Venue
If the decedent owned real estate in a different county, you open an ancillary probate in that county. Florida Statutes Section 734.01 requires ancillary administration in the county where the property lies. For example, a Miami resident with a vacation condo in Broward County must open primary probate in Miami-Dade and ancillary probate in Broward. See: Fla. Stat. §734.01.
3. Multiple Personal Representatives
When co-personal representatives live in different Florida counties, you may choose the venue in any county where one resides and has assets of the estate. This flexibility ensures efficiency when estates span multiple counties. See: Fla. Stat. §733.101(2).
4. General Venue Rules for Filing
Florida’s venue statutes (Chapter 47) confirm that you bring civil matters, including probate, in a county where a party resides or where the cause of action arose. Under Fla. Stat. §47.011, the personal residence of the decedent controls primary venue.
Hypothetical Example
Jane Doe, domiciled in Orange County, owned a home in Volusia County. Jane’s personal representative opens primary probate in Orange County. To handle her Volusia property, the representative files an ancillary proceeding in Volusia County. Both venues follow Florida Statutes §§733.101 and 734.01.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for guidance on your specific circumstances.
Helpful Hints
- Identify the decedent’s domicile at death for primary probate venue (Fla. Stat. §733.101).
- File ancillary probate in the county where any out-of-county real property sits (Fla. Stat. §734.01).
- Use personal representative residence to choose venue if co-representatives live in different counties.
- Check Chapter 47 venue rules for additional confirmation of proper county filing.
- Gather proof of domicile, such as driver’s license, voter registration, and tax returns.
- When in doubt, consult local probate court clerks or a qualified Florida probate attorney.