Florida probate and trust cases can sometimes involve out-of-state real property. Many people assume that issues dealing with out-of-state real property must be addressed by a court located in the state where the property is located. The distinction, however, is drawn between a court ruling on the real property itself and a court ordering a defendant to act concerning the real property—the former is not permitted, but the latter is. This is referred to as the local action rule. Accordingly, if the real property is the primary dispute with parties seeking to act directly, the action is classified as in rem, proceeding only in the state where the property is located. On the other hand, because Florida courts have personam jurisdiction, they can order a defendant to take action against the land. These suits are grounded in equity, resulting in a defendant who has unlawfully acquired a deed transferring out-of-state real property being ordered to convey the property back to the real owner.
See Anya Van Veen, Florida Probate Court Can Order Return of Decedent’s Out-of-State Real Property, Florida Probate Lawyers, August 12, 2016.
