JOELLE VERBOIS ADENIN
v.
IN RE: ESTATE OF JEAN CLAUDE M. ADENIN
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Florida appellate court affirmed dismissal of widow's petition for estate administration for lack of jurisdiction and improper venue, holding that appellant failed to comply with statutory and procedural requirements for ancillary administration.
Ancillary administration is strictly circumscribed by statute and rule, and appellant failed to comply with either the procedural or substantive requirements for ancillary jurisdiction.
[1] Ancillary administration in Florida is strictly circumscribed by statute and rule, and a petitioner must comply with both procedural and substantive requirements under Fl…
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Join FLexlaw to unlock all legal intelligenceThe widow of the decedent petitioned for orders of administration in Florida, alleging the decedent was a Florida domiciliary who died intestate. Howe…
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MILLER, J.
Appellant, the widow of the decedent, challenges a final order dismissing her petition for orders of administration for lack of jurisdiction and improper venue. The petition alleged the decedent was a domiciliary of Florida and died intestate. Neither allegation proved correct, and it was revealed that a will, purportedly executed by the decedent days before his death, had been submitted for probate in North Carolina. Contending two luxury vehicles, pending estate-related lawsuits, and the decedent’s personal effects were all located in Florida, appellant orally sought to invoke ancillary jurisdiction. Ancillary administration is strictly circumscribed by statute and rule, and here, appellant failed to comply with either the procedural or substantive requirements. See § 733.101(b), Fla. Stat. (2021); § 734.102, Fla. Stat. (2021); Fla. Prob. R. 5.470. Accordingly, we affirm the order under review without prejudice to the filing of a proper petition for ancillary administration. See Piloto v. Lauria, 45 So. 3d 565 (Fla. 4th DCA 2010).
Affirmed.
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