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In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. [1] In some jurisdictions, such courts may be referred to as orphans' courts [2] or courts of ordinary.
Letters of Administration are granted by a surrogate court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under intestacy rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will.
The Florida circuit courts are state courts and trial courts [1] of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution (the other three being the Florida Supreme Court, Florida district courts of appeal, and Florida county courts).
As the Florida appellate court pointed out, "[w]e cannot rewrite Florida probate law to accommodate a Michigan attorney more familiar with the Uniform Probate Code." [ 4 ] The Uniform Law Commission does not list Florida as one of the states that has adopted the Uniform Probate Code.
When a new county named St. Lucie County was established in 1905, Fort Pierce was named the county seat. Lake Butler was the county seat of Bradford County, Florida from 1860 until a referendum changed the county seat to Starke, Florida on August 17, 1887. Lake Butler later became the county seat of Union County, Florida when it was established ...
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The county courts are the state of Florida's trial courts, and are of general jurisdiction. There is a county court in each of Florida's 67 counties. County courts have jurisdiction: In all misdemeanor cases not cognizable by the circuit courts; [1] Of all violations of municipal and county ordinances; [2]