Proper Venue Statement Guide

Summary

A statement showing proper venue explains why a specific court is appropriate for a case. In Florida, probate must occur where the property is located. For a timeshare in Palm Beach County, include the decedents residence, property location, and legal justification in your statement. Use a template to ensure all necessary details are covered.

Full Conversation

i need to submit a petition to court with a "statement that shows proper venue". what does that mean?
Hi May! In Georgia, a "statement that shows proper venue" means you need to explain why the court you are submitting your petition to is the appropriate location for your case. This typically involves showing that the events in question occurred within the court's jurisdiction or that the parties involved reside there.
Do you know which court you need to file your petition in?
yes
Great, May! Since you know which court to file your petition in, you just need to ensure that your statement explains why this court is the proper venue. Mention if the events occurred within its jurisdiction or if the parties reside there.
Would you like more details on how to draft this statement?
sure, let me give you more infomation. My father lived in NJ and owned a timeshare (deed) in Florida. I need to go through ancillary probate in Palm Beach county where the timeshare was.
Thank you for the additional information, May.
In your case, to draft a "statement that shows proper venue" for the ancillary probate petition in Palm Beach County, Florida, you should include:
- Your father's residence in New Jersey.
- Ownership of the timeshare located in Palm Beach County, Florida.
- Florida law requires probate to be handled where the property is located.
Would you like a template to help draft this statement?
yes please
Sure, May! Here’s a simple template to help you draft your "statement that shows proper venue":
---
Statement Showing Proper Venue
I, [Your Name], state the following to establish the proper venue for this ancillary probate petition:
*. **Decedent's Residence**:
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location**:
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification**:
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
Respectfully submitted,
[Your Name]
[Your Contact Information]
---
Would you need any more help with the wording or filing process?
yes. In going over the checklist i see other things are required. First is "the petition is verified", which i assume means adding a statement to the petition that i swear the information is true. Is that right?
Hi May, you're right. In Georgia, a "verified petition" means you need to include a statement under oath affirming that the information in the petition is true to the best of your knowledge.
Would you like a template for this verification statement?
yes i would like a template but please note, this is for Florida not Georgia
Hi May, thank you for clarifying. Here’s a simple template to help you draft the verification statement for your petition in Palm Beach County, Florida:
---
**Verification Statement**
I, [Your Name], under penalties of perjury, declare that I have read the foregoing petition and that the facts stated in it are true to the best of my knowledge and belief.
Respectfully submitted,
[Your Name]
[Your Contact Information]
---
Would you need any more help with the wording or filing process?
so would i add this as number * to what you already provided?
Hi May,
To clarify, if you're asking whether to add the verification statement as an additional point in your "statement that shows proper venue," the answer is no. The verification statement should be a separate section at the end of your petition. Here's how you can structure it:
---
Petition for Ancillary Probate
**Statement Showing Proper Venue:**
*. **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
**Verification Statement:**
I, [Your Name], under penalties of perjury, declare that I have read the foregoing petition and that the facts stated in it are true to the best of my knowledge and belief.
Respectfully submitted,
[Your Name]
[Your Contact Information]
---
Would you need any more help with the wording or filing process?
i know the facts are true, can i leave out the part "to the best of my knowledge" and just say "...the facts stated in it are true and correct"
Hi May, in legal documents, it's typically required to include the phrase "to the best of my knowledge and belief" to account for any unintentional inaccuracies. However, if you are certain and prefer to state, "the facts stated in it are true and correct," you could do so.
Would you like any more assistance with your petition?
ok thanks
You're welcome, May! If you have any more questions or need further assistance, feel free to ask. Best of luck with your petition!
Next on the checklist, it says to list outstanding expenses, OR, if there are no expenses, petitioner has stated so in the petition. Since there are no outstanding expenses such as, medical bills from the last 60 days of life, how would i incorporate that statement into the petition?
Hi May,
You can incorporate the statement regarding the absence of outstanding expenses into your petition by adding a section that clearly states there are no such expenses. Here’s a suggested format:
---
**Outstanding Expenses:**
I, [Your Name], declare that there are no outstanding expenses, including medical bills from the last 60 days of life, related to the decedent, [Your Father's Name].
Respectfully submitted,
[Your Name]
[Your Contact Information]
---
Would you need any more help with your petition?
can you display the entire petition with this added
Sure, May. Here's the entire petition with all the necessary sections included:
---
Petition for Ancillary Probate
**Statement Showing Proper Venue:**
*. **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
**Outstanding Expenses:**
I, [Your Name], declare that there are no outstanding expenses, including medical bills from the last 60 days of life, related to the decedent, [Your Father's Name].
**Verification Statement:**
I, [Your Name], under penalties of perjury, declare that I have read the foregoing petition and that the facts stated in it are true and correct.
Respectfully submitted,
[Your Name]
[Your Contact Information]
---
Would you need any more help with your petition?
i just realized that Outstanding [medical] expenses is not required if the decedent is dead more than 2 years. He has been dead more than 2 years, so i feel that needs to be included somewhere in the petition. Where can i add this?
Hi May,
You can add a section to clarify that the decedent has been deceased for more than two years and therefore, there are no outstanding medical expenses required. Here's the updated petition format:
---
**Petition for Ancillary Probate**
**Statement Showing Proper Venue:**
*. **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
**Outstanding Expenses:**
I, [Your Name], declare that there are no outstanding expenses, including medical bills from the last 60 days of life, related to the decedent, [Your Father's Name], as the decedent has been deceased for more than two years.
**Verification Statement:**
I, [Your Name], under penalties of perjury, declare that I have read the foregoing petition and that the facts stated in it are true and correct.
Respectfully submitted,
[Your Name]
[Your
The next item on the checklist is also not required if the decedent is dead more than 2 years. It says to show proof that all reasonable funeral expenses have been paid. How should i handle this?
Hi May,
Since proof of reasonable funeral expenses is not required if the decedent has been dead for more than two years, you can add a section to your petition clarifying this. Here's the updated format:
---
**Petition for Ancillary Probate**
**Statement Showing Proper Venue:**
*. **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
**Outstanding Expenses:**
I, [Your Name], declare that there are no outstanding expenses, including medical bills from the last 60 days of life, related to the decedent, [Your Father's Name], as the decedent has been deceased for more than two years.
**Proof of Funeral Expenses:**
I, [Your Name], declare that proof of reasonable funeral expenses is not required, as the decedent has been deceased for more than two years.
**Verification Statement:**
I, [Your
next on the checklist asks whether it is intestate or testate. The decedent did have a will so this is testate. I need to state that and list the beneficiaries (my sisters). where would i add this into the petition?
Hi May,
You can add a section to indicate whether the estate is testate and list the beneficiaries. Here’s the updated petition format:
---
**Petition for Ancillary Probate**
**Statement Showing Proper Venue:**
*. **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
**Testate or Intestate:**
- The decedent had a will, making this a testate estate.
- Beneficiaries listed in the will: [Your Sisters' Names].
**Outstanding Expenses:**
I, [Your Name], declare that there are no outstanding expenses, including medical bills from the last 60 days of life, related to the decedent, [Your Father's Name], as the decedent has been deceased for more than two years.
**Proof of Funeral Expenses:**
I, [Your Name], declare that proof of reasonable funeral expenses
next it says "All beneficiaries have received formal notice of the Petition and the proposed distribution; OR The Petitioner has filed notarized consents from all the beneficiaries" what does this mean?
Hi May,
This means that you need to either:
- Provide evidence that all beneficiaries have been formally notified about the petition and the proposed distribution of the estate.
- Submit notarized consent forms from all beneficiaries indicating their agreement with the petition and proposed distribution.
Would you need a template for notifying beneficiaries or obtaining their consent?
ok, this is an ancillary probate in Florida but there was a formal probate in NJ where the decedent lived. During that process all the beneficiaries were notified and advised of the estate and distribution. In fact, most of the estate has already been distributed. Only the timeshare is left and there is really nothing to distribute, there is no re-sale value and it only incurs an annual maintenance fee. Do i need to notify them [again] specifically for this Florida petition?
Hi May,
Since there was a formal probate in New Jersey where all beneficiaries were already notified, you **** not need to notify them again for the Florida ancillary probate. However, it is often recommended to do so to cover all legal bases. You might consider including a statement in your petition mentioning that all beneficiaries were previously notified and the estate has mostly been distributed.
Would you like assistance in drafting this statement for your petition?
yes please
Sure, May! Here’s the updated petition format including the statement about prior notification and distribution in New Jersey:
---
**Petition for Ancillary Probate**
**Statement Showing Proper Venue:**
*. **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
**Testate or Intestate:**
- The decedent had a will, making this a testate estate.
- Beneficiaries listed in the will: [Your Sisters' Names].
**Outstanding Expenses:**
- I, [Your Name], declare that there are no outstanding expenses, including medical bills from the last 60 days of life, related to the decedent, [Your Father's Name], as the decedent has been deceased for more than two years.
**Proof of Funeral Expenses:**
- I, [Your Name], declare that proof of reasonable funeral expenses is not
i think it was cut off i dont see the new statement. Can you just write the part that is new regarding notification of beneficiaries?
Certainly, May! Here’s the new part regarding the notification of beneficiaries:
---
**Notification of Beneficiaries:**
- All beneficiaries were formally notified during the probate process in New Jersey.
- The estate has mostly been distributed, with only the timeshare remaining, which has no resale value and incurs an annual maintenance fee.
---
Would you need any further assistance with your petition?
the next thing on the checklist is this, "The Petition includes a statement describing the domiciliary or principal proceedings from another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters." Can you break this down and explain each part?
Sure, May! Let me break down each part of the statement:
- **Domiciliary or Principal Proceedings**: This refers to the main probate process that took place in New Jersey, where your father resided.
- **From Another State or Country, if known**: Since your father lived in New Jersey, you need to mention that the principal proceedings occurred there.
- **Name and Address of the Foreign Personal Representative**: This is the name and contact details of the person responsible for handling the estate in New Jersey.
- **The Court Issuing Letters**: This refers to the court in New Jersey that issued the letters of administration or probate.
Would you like me to help you draft this statement for your petition?
yes please. I was the one responsible for handling the estate in NJ, however, both myself and my uncle who lives in Virginia are both named co-executors in the will. The court that issued the letters was Morris County NJ.
Thank you for the details, May. Here’s how you can include this information in your petition:
---
**Petition for Ancillary Probate**
**Statement Showing Proper Venue:**
*. **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
**Testate or Intestate:**
- The decedent had a will, making this a testate estate.
- Beneficiaries listed in the will: [Your Sisters' Names].
**Outstanding Expenses:**
- I, [Your Name], declare that there are no outstanding expenses, including medical bills from the last 60 days of life, related to the decedent, [Your Father's Name], as the decedent has been deceased for more than two years.
**Proof of Funeral Expenses:**
- I, [Your Name], declare that proof of reasonable funeral expenses is not required,
can you only display the new statement and not the entire petition please?
Certainly, May! Here’s the new statement regarding the domiciliary or principal proceedings:
---
**Domiciliary or Principal Proceedings:**
- The principal probate proceedings took place in New Jersey, where the decedent resided.
- The co-executors named in the will are [Your Name] and [Your Uncle's Name], who resides in Virginia.
- The court that issued the letters was Morris County, New Jersey.
---
Would you need any further assistance with your petition?
next on the checklist is this, "The Petition demonstrates the eligibility for summary administration, (i.e., the decedent died over 2 years ago or the value of the estate, less exempt property, does not exceed $*,*)" and let's just use the 'greater than 2 years' as the reason for requesting a Summary Administration (and not a Formal Administration). What sentences can i use for this?
Sure, May! Here’s a statement to demonstrate the eligibility for summary administration based on the decedent's death being over two years ago:
---
**Eligibility for Summary Administration:**
- The decedent, [Your Father's Name], passed away more than two years ago, making this estate eligible for summary administration according to Florida law.
---
Would you need any further assistance with your petition?
would this go at the beginning or the end?
Hi May,
The statement regarding the eligibility for summary administration can be included near the beginning of your petition, right after the "Statement Showing Proper Venue." This helps establish the basis for requesting summary administration early in the document.
Here's a suggested placement:
---
**Petition for Ancillary Probate**
**Statement Showing Proper Venue:**
*. **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
**Eligibility for Summary Administration:**
- The decedent, [Your Father's Name], passed away more than two years ago, making this estate eligible for summary administration according to Florida law.
---
Would you need any further assistance with your petition?
next on the checklist is this, "The Petitioner is a beneficiary or a person nominated as personal representative in the decedent’s foreign will offered for probate". I feel this point is already covered. Do i need anything new for this?
Hi May,
Since you have already stated that you and your uncle are co-executors named in the will, this point should be sufficiently covered. However, for clarity, you might want to add a brief statement explicitly confirming your role as a co-executor. Here's how you can include it:
---
**Role of Petitioner:**
- I, [Your Name], am a co-executor named in the decedent’s will, which has been offered for probate in New Jersey.
---
Would you need any further assistance with your petition?
would this go at the very beginning?
Hi May,
The statement about your role as a co-executor should go near the beginning of the petition, right after the "Eligibility for Summary Administration." This will help establish your standing to file the petition. Here’s the updated placement:
---
**Petition for Ancillary Probate**
**Statement Showing Proper Venue:**
*. **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
*. **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
*. **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
**Eligibility for Summary Administration:**
- The decedent, [Your Father's Name], passed away more than two years ago, making this estate eligible for summary administration according to Florida law.
**Role of Petitioner:**
- I, [Your Name], am a co-executor named in the decedent’s will, which has been offered for probate in New Jersey.
---
Would you need any further assistance with your petition?
i think we have a good petition now. Should i number each item as a paragraph?
Yes, numbering each item as a paragraph is a good idea. It helps in organizing the document and makes it easier for the court to follow. Here's how you can structure it:
---
**Petition for Ancillary Probate**
*. **Statement Showing Proper Venue:**
- *.* **Decedent's Residence:**
- The decedent, [Your Father's Name], resided in New Jersey.
- *.* **Property Location:**
- The decedent owned a timeshare property located in Palm Beach County, Florida.
- *.* **Venue Justification:**
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
*. **Eligibility for Summary Administration:**
- The decedent, [Your Father's Name], passed away more than two years ago, making this estate eligible for summary administration according to Florida law.
*. **Role of Petitioner:**
- I, [Your Name], am a co-executor named in the decedent’s will, which has been offered for probate in New Jersey.
*. **Testate or Intestate:**
- The
so it should also include all the text including the asterisks and paragraph heading?
Hi May,
To structure the petition properly, you don't need to include the asterisks or paragraph headings. Instead, use a clear numbering system to organize the information. Here’s a clean version without the asterisks and headings:
---
Petition for Ancillary Probate
*. Statement Showing Proper Venue:
- *.* Decedent's Residence:
- The decedent, [Your Father's Name], resided in New Jersey.
- *.* Property Location:
- The decedent owned a timeshare property located in Palm Beach County, Florida.
- *.* Venue Justification:
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
*. Eligibility for Summary Administration:
- The decedent, [Your Father's Name], passed away more than two years ago, making this estate eligible for summary administration according to Florida law.
*. Role of Petitioner:
- I, [Your Name], am a co-executor named in the decedent’s will, which has been offered for probate in New Jersey.
*. Testate or Intestate:
- The decedent
this is perfect, can you list this again starting with number *? Testate or Intestate:
Certainly, May! Here’s the petition starting from number *:
---
Petition for Ancillary Probate
*. Statement Showing Proper Venue:
- *.* Decedent's Residence:
- The decedent, [Your Father's Name], resided in New Jersey.
- *.* Property Location:
- The decedent owned a timeshare property located in Palm Beach County, Florida.
- *.* Venue Justification:
- According to Florida law, probate proceedings for property must be conducted in the county where the property is located. Therefore, Palm Beach County is the proper venue for this ancillary probate petition.
*. Eligibility for Summary Administration:
- The decedent, [Your Father's Name], passed away more than two years ago, making this estate eligible for summary administration according to Florida law.
*. Role of Petitioner:
- I, [Your Name], am a co-executor named in the decedent’s will, which has been offered for probate in New Jersey.
*. Testate or Intestate:
- The decedent had a will, making this a testate estate.
- Beneficiaries listed in the will: [Your Sisters' Names].
*. Outstanding Expenses:
- I
sorry, it keeps getting cut off, can you keep going but start with number *. I already have *, *.*, *.*, *.*, *, *, *.
Of course, May! Here’s your petition starting from number *:
---
*. Outstanding Expenses:
- I, [Your Name], declare that there are no outstanding expenses, including medical bills from the last 60 days of life, related to the decedent, [Your Father's Name], as the decedent has been deceased for more than two years.
*. Proof of Funeral Expenses:
- I, [Your Name], declare that proof of reasonable funeral expenses is not required, as the decedent has been deceased for more than two years.
*. Notification of Beneficiaries:
- All beneficiaries were formally notified during the probate process in New Jersey.
- The estate has mostly been distributed, with only the timeshare remaining, which has no resale value and incurs an annual maintenance fee.
*. Domiciliary or Principal Proceedings:
- The principal probate proceedings took place in New Jersey, where the decedent resided.
- The co-executors named in the will are [Your Name] and [Your Uncle's Name], who resides in Virginia.
- The court that issued the letters was Morris County, New Jersey.
*. Verification Statement:
- I, [Your Name], under penalties of perjury, declare that I
excellent. Now i can see *, *, *, *. Can you keep going and start with number *
Certainly, May! Here’s the continuation starting from number *:
---
*. Verification Statement:
- I, [Your Name], under penalties of perjury, declare that I have read the foregoing petition and that the facts stated in it are true and correct.

Respectfully submitted,
[Your Name]
[Your Contact Information]
---
Would you need any further assistance with your petition?
thanks!
You're welcome, May! If you have any more questions or need further assistance, feel free to ask. Best of luck with your petition!
i see there are more items on the checklist, i will be back tomorrow for more help, thanks!!
You're welcome, May! Feel free to reach out anytime you need more assistance. We'll be here to help you with the rest of your checklist. Have a great day!
in section *, Role of petitioner, i want to add that i am petitioning pro se, as to say without an attorney. is that appropriate?
Hi May,
Yes, it is appropriate to mention that you are petitioning pro se, meaning without an attorney. You can add this to the "Role of Petitioner" section. Here's how you can update it:
---
***. Role of Petitioner:**
- I, [Your Name], am a co-executor named in the decedent’s will, which has been offered for probate in New Jersey.
- I am petitioning pro se, without an attorney.
---
Would you need any further assistance with your petition?