Determining probate location

[hawkendale]

What is the name of your state? Florida
I live in Georgia, but my mother lived and passed away in Florida. My oldest brother is the personal representative. He flew my mother to a hospice in Miami less than a week before she died. He is probating the will in Miami. Her primary residence was in Tallahasse for more than 20 years. Her estate is worth more than $150,000. The probate notice states that the estate is less than $150,000. I was told, and wanted to confirm, that if an estate is worth more than $150,000 than the will must be probated in the same county as the primary property (residence). Is this the case?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Florida
I live in Georgia, but my mother lived and passed away in Florida. My oldest brother is the personal representative. He flew my mother to a hospice in Miami less than a week before she died. He is probating the will in Miami. Her primary residence was in Tallahasse for more than 20 years. Her estate is worth more than $150,000. The probate notice states that the estate is less than $150,000. I was told, and wanted to confirm, that if an estate is worth more than $150,000 than the will must be probated in the same county as the primary property (residence). Is this the case?

My response:

Probate is properly filed and opened in the County where the death occurred. It makes no difference that she lived in Tallahassee - - all that matters for Probate is that she died in Miami.

The Probate court is a State court. Since that is the case, the Miami court has jurisdiction over land and all other personal effects located anywhere in Florida.

So, your brother and his attorney are correct.

What's the big deal anyway?

IAAL