IN RE ESTATE OF WILLIAM KEITH PATON, DECEASED. FREDERICK PATON, APPELLANT,
v.
JAMES E. KICKLIGHTER, M.D., AND SARASOTA COUNTY HOSPITAL BOARD, APPELLEES
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An executor of an estate appealed a county court order denying his petition to withdraw life insurance proceeds he had personally received and inadvertently included in the estate inventory. The appellate court reversed on jurisdictional grounds, holding that probate courts lack jurisdiction to resolve disputes where a party asserts an adverse claim to property as a stranger to the estate.
The probate court lacked jurisdiction to resolve the dispute because the executor asserted an adverse claim to the funds as a stranger to the estate rather than as a fiduciary. The mere inclusion of property in an inventory does not confer jurisdiction on the probate court, nor can a party's conduct in filing a petition to determine entitlement create such jurisdiction.
“The appellant claims these funds are assets owned by him in his individual capacity and they are not and have not been assets of the estate. Appellant's position is that of a stranger asserting an adverse claim to assets also claimed by the estate. The probate court does not have jurisdiction to determine such a controversy.”
Establishes the core jurisdictional principle: when a party asserts an adverse claim as a stranger to the estate, probate court jurisdiction is lacking.
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Join FLexlaw to unlock all legal intelligenceFrederick Paton, executor of William Keith Paton's estate, received approximately $1,953.67 in life insurance proceeds from four policies made payable…
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Appellant, who is executor of the estate of William Keith Patón, appeals an order of the County Judge’s Court denying his petition to withdraw funds allegedly advanced by him personally to the estate and mistakenly included by him in the inventory as assets thereof. Appellees are creditors who, after objection to their claims by appellant as executor, reduced them to judgment. The funds in question, some $1,-953.67, were received by appellant as sole beneficiary of four life insurance policies on the life of the deceased. These four insurance checks were made out personally to appellant, were unqualifiedly endorsed by him to the estate and the four policies were listed individually in the inventory as assets of the estate.
The County Judge’s order here appealed ruled that the appellant had voluntarily given the disputed funds to the estate and was estopped to deny the correctness of his inventory listing them as such. The order also directed pro-rata payment of the judgments of appellees.
We do not reach the merits of this appeal, for we find the County Judge’s Court lacked jurisdiction to determine the question. A raising of the question of jurisdiction in the probate court is not a condition precedent to its consideration on appeal. In re O’Neal’s Estate, Fla.App. 1962, 142 So.2d 315. This court of its own initiative can take notice of the jurisdictional aspect. In re Donaldson’s Estate, Fla.App.1962, 147 So.2d 552.
The appellant claims these funds are assets owned by him in his individual capacity and they are not and have not been assets of the estate. Appellant’s position is that of a stranger asserting an adverse claim to assets also claimed by the estate. The probate court does not have jurisdiction to determine such a controversy. The only recourse the parties have is in a forum having jurisdiction just the same as if there was no estate. For a full explanation of the constitutional jurisdiction of probate courts see In re Brown’s Estate, Fla.App.1961, 134 So.2d 290; In re O’Neal’s Estate, supra; In re Donaldson’s Estate, supra.
*170Mere inclusion of property by description in an inventory or appraisal as assets of a decedent’s estate cannot give the County Judge’s Court jurisdiction of such property. In re Donaldson’s Estate, supra. The conduct of the appellant in filing a petition for a determination of the question of who is entitled to the funds cannot confer upon the court jurisdiction for this purpose. In re O’Neal’s Estate, supra.
We therefore reverse the order on the jurisdictional ground.
SMITH, Q J., and SHANNON and WHITE, JJ., concur.
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Hoechst Celanese Corp. v. FRY, 693 So. 2d 1003 (Fla. 3d DCA 1997)…1987); Van Dusen v. Southeast First Nat’l Bank, 478 So. 2d 82, 86 n. 6 (Fla. 3d DCA 1985); Stel-Den of America, Inc., v. Roof Structures, Inc., 438 So. 2d 882, 884 (Fla. 4th DCA 1983), review denied, 450 So. 2d 488 (Fla.1984); In Re Paton’s Estate, 173 So. 2d 168,169 (Fla. 2d DCA 1965); Hadley v. Hadley, 140 So. 2d 326, 327 (Fla. 3d DCA 1962). That is because “[sjubject matter jurisdiction cannot be created by waiver, acquiescence or agreement of the parties, or by error or inadvertence of the parties or the…
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VAN Dusen v. Se. First Nat'l Bank OF Miami, 478 So. 2d 82 (Fla. 3d DCA 1985)…urisdiction can be raised at any time, even on appeal, and on the court's own initiative. See, e.g., Stel-Den of America, Inc. v. Roof Structures, Inc., 438 So 2d 882 (Fla. 4th DCA 1983), rev. denied, 450 So. 2d 488 (Fla.1984); In re Paton’s Estate, 173 So. 2d 168 (Fla. 2d DCA 1965); 3 Fla.Jur.2d Appellate Review § 301 (1978); see also Fla.R.Civ.P. 1.140(h)(2). .The power of Congress to legislate in this area is conferred by article I, section 8, of the United States Constitution, which provides that "Congre…
Authorities Cited
- Turgeon v. Turgeon, 134 So. 2d 290 (Fla. 2d DCA 1961)
- In re Est. of H. H. Donaldson v. Janette Brainard, 147 So. 2d 552 (Fla. 2d DCA 1962)
- In re Est. of John D. O'Neal v. Mrs. Y. W. O'Neal, 142 So. 2d 315 (Fla. 2d DCA 1962)