What do you do when probate courts in two different states have equal jurisdictional authority over an estate? This is one of many issues arising from the administration of the estate of Ruth Perelmen.
Petitions Filed in Two Courts
In 2010, Mrs. Perelmen executed a last will and testament in which she named her son, Jeffrey, as the executor and personal representative of her estate (the “2010 Will”). Following Mrs. Perelmen’s death on July 31, 2011, at the Hospital of the University of Pennsylvania, Jeffrey filed a petition to admit his mother’s 2010 Will to probate in Pennsylvania. Raymond Perelmen, his father (and Mrs. Perelmen’s surviving husband), had already filed an informal caveat in Pennsylvania and was then notified that a formal caveat would need to be filed within 10 days or else the 2010 Will would be probated without further notice. Shortly thereafter, Raymond filed a Petition for Administration in Palm Beach County, Florida, which was served by formal notice upon all respondents, including Jeffrey. Raymond’s petition sought to probate a last will and testament executed by Mrs. Perelmen in 1991 (the “1991 Will”) and asserted that the 2010 Will was invalid. Not surprisingly, the 1991 Will appointed Raymond instead of Jeffrey as executor and personal representative of Mrs. Perelmen’s estate. Raymond has also accused Jeffrey of illegally tampering with Mrs. Perelmen’s death certificate by persuading the funeral director to change her primary residence from their Palm Beach, Florida, home to their “second home” in Philadelphia in order to claim she was domiciled in Pennsylvania. However, the Pennsylvania Register of Wills had already ruled that Mrs. Perelmen lived in Philadelphia at the time of her death.
Florida’s Principal of Priority
Under Florida’s so-called principle of priority doctrine, the court that first exercises its jurisdiction over the matter has priority and should be permitted to adjudicate the matter to conclusion. The second court should stay or dismiss its proceedings pending the first court’s final adjudication, unless there are extraordinary circumstances. Although a petition was first filed by Jeffrey in Pennsylvania, the filing of a petition alone is not enough for a court to exercise its jurisdiction. Rather, the court must actually do something to get the ball rolling in order to get priority. However, in Perelmen v. Estate of Perelmen, Florida’s 4th District Court of Appeal held that the Pennsylvania Office of the Register of Wills got the ball rolling by sending Raymond’s counsel a letter notifying him of Jeffrey’s petition and explaining that a formal caveat must be filed within 10 days or else the 2010 Will would be probated without further notice. The next issue is whether the “extraordinary circumstances” exception applies. Extraordinary circumstances would exist if there were, say, evidence of anticipated undue delay in the administration of the Pennsylvania proceeding. Florida 4th DCA determined that there was not and remanded to the trial court to issue a stay pending the resolution of the Pennsylvania probate proceeding. Therefore, the Pennsylvania probate court was given priority in the administration of Mrs. Perelmen’s estate.
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If you own property in two or more states, or if you are a personal representative, executor or beneficiary of an estate involving property located in two or more states, you should speak with your estate planning or probate attorney regarding the potential multijurisdictional issues that may arise.
