Robert Paul Brown v. Michael Scott Brown

An estate beneficiary appeals from the circuit court’s final order directing the personal representative to divide and distribute “the [decedent’s] Georgia real estate and Florida real estate and other miscellaneous inventory assets of the Estate” amongst several estate beneficiaries. The appellant primarily argues that the circuit court lacked jurisdiction to direct the personal representative to distribute the decedent’s Georgia real estate.

We agree and reverse that portion of the order on appeal. See Polkowski v. Polkowski, 854 So. 2d 286, 286 (Fla. 4th DCA 2003) (“Like lines in the sand, state boundaries determine a court’s jurisdiction over real property,” and thus the court lacked in rem jurisdiction to order the partition and sale of foreign property); Pawlik v. Pawlik, 545 So. 2d 506, 507 (Fla. 2d DCA 1989) (“In no event could the [circuit] court effect a partition of lands outside this state.”) (citation omitted); In re Roberg’s Estate, 396 So. 2d 235, 235-36 (Fla. 2d DCA 1981) (“When a testator executes a will devising lands in two or more states, the courts in each state construe it as to the lands located therein as if devised by separate wills.”) (citations omitted).

2

To partition property from outside this state, the personal

representative needs to open an ancillary action in Georgia. See § 64.022,

Fla. Stat. (2012) (a suit for partition “shall be brought in any county where

the lands or any part thereof lie which are the subject matter of the

action.”).

In all other respects, we affirm the order on appeal without further

discussion.



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STEVENSON and LEVINE, JJ., concur.

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Not final until disposition of timely filed motion for rehearing.

Affirmed in part, reversed in part, and remanded for proceedings

consistent with this opinion.