Understanding Florida's Probate Venue Rules: A Guide to Proper Venue

When a loved one passes away, navigating the legal process of settling their estate can feel overwhelming. One critical aspect of probate in Florida is determining where the probate proceedings should be filed. Florida Statute §733.101 establishes clear rules about the proper venue for probate, ensuring proceedings take place in an appropriate county. Let’s break down this statute and what it means for executors, beneficiaries, and families.

What is Venue in Probate?

Venue refers to the specific county where a legal action, like probate, should be filed. In probate, the venue determines which court has jurisdiction over the administration of the decedent's estate.

Florida Statute §733.101: Venue of Probate Proceedings

This statute outlines where to file probate proceedings for wills and the granting of letters of administration. Here are the three primary rules:

1. Where the Decedent Was DomiciledIf the decedent was a Florida resident, the probate proceedings must be filed in the county where they were domiciled (their primary residence) at the time of death.

   • Example: If the decedent lived in Collier County, the probate case would be filed in the Collier County Circuit Court.

2. If the Decedent Had No Florida DomicileIf the decedent did not live in Florida but owned property in the state, the probate proceedings should be filed in any county where the decedent’s property is located.

   • Example: A New York resident owned a vacation home in Lee County, Florida. The probate would take place in Lee County.

3. If the Decedent Had No Florida Domicile or PropertyWhen the decedent neither lived in Florida nor owned property in the state, the probate can be filed in the county where any of their debtors reside.

   • Example: A nonresident decedent had no Florida property but was owed money by a debtor living in Miami-Dade County. Probate would proceed there.

Special Rule for Married Women (§733.101(2))

Under this section, a married woman whose husband is either an alien or a nonresident of Florida can establish a separate domicile in Florida. This means she can choose Florida as her legal residence for probate purposes, regardless of her husband’s residency.

Improper Venue and Transfers (§733.101(3))

If a probate proceeding is mistakenly filed in the wrong county, the court may transfer the case to the correct venue. Importantly, actions taken before the transfer—such as filing documents or court orders—remain valid. The process aligns with the Florida Rules of Civil Procedure, ensuring minimal disruption.

Why Venue Matters

Filing in the correct venue is essential to avoid unnecessary delays or challenges in the probate process. Proper venue ensures that the estate is administered efficiently and within the jurisdiction that has authority over the matter.

Conclusion

Understanding where to file probate proceedings in Florida is an essential step for anyone handling a loved one’s estate. Florida Statute §733.101 provides clear guidance to help executors, beneficiaries, and families navigate this aspect of probate. Whether you're dealing with a domiciled Florida resident or a nonresident with Florida assets, knowing these rules ensures compliance with the law and a smoother probate process.

For a free consultation regarding Probate or for further help with the Probate process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

law@warnocklawgroup.com

Confident retiree who understands the Probate process