## Facts

- In 1960, a Florida county court adjudicated Alvarado Kelly incompetent and committed him to a Florida state hospital.
- In 1961, he was transferred to a VA hospital in Mississippi and later lived in Mississippi for decades.
- In 1975, Kelly moved into a Mississippi housing facility operated by Sarah Cuevas and lived there until his death on November 1, 2000.
- After his death, Cuevas petitioned a Mississippi chancery court to probate a purported will naming her executrix and sole beneficiary; the court initially admitted the will and appointed her.
- William R. Kelly, Sr., the decedent’s brother and only surviving heir at law, later petitioned a Florida circuit court for intestate administration, asserting Florida domicile and challenging Mississippi’s authority.
- Cuevas then sought Mississippi probate “in solemn form”; William Kelly was personally served but did not appear or respond.
- The Mississippi court entered a judgment admitting the will to probate in solemn form and finding the decedent was a resident of Hancock County, Mississippi, at death, while noting William Kelly’s failure to respond despite notice.
- The Florida circuit court granted summary judgment to William Kelly, ordered intestate administration, and issued letters of intestate administration, declining to treat the Mississippi judgment as controlling.
- Cuevas appealed.

## Issues

1. Whether Florida was required to give full faith and credit to the Mississippi probate judgment determining Mississippi domicile and admitting the will, where the heir had notice and an opportunity to be heard.
2. Whether Florida could nonetheless proceed with intestate administration based on a contrary Florida domicile determination.

## Decision

- The appellate court reversed the Florida circuit court’s summary judgment and issuance of letters of intestate administration.
- Florida was required to give full faith and credit to the Mississippi judgment determining domicile and admitting the will to probate.
- Because the Mississippi judgment bound the parties, Florida could not disregard it and administer the estate as intestate on an inconsistent domicile finding.
- The case was remanded for further proceedings consistent with recognition of the Mississippi probate judgment.

## Legal Principles

- Under the Full Faith and Credit Clause, a state must recognize a final sister-state judgment if the rendering court had jurisdiction and the interested party had notice and an opportunity to be heard.
- A sister-state probate judgment that determines domicile and admits a will to probate is conclusive between the same parties and may not be collaterally re-litigated in a second state.
- An interested heir who is properly served in the sister-state probate proceeding and fails to appear is bound by the resulting judgment for purposes of later proceedings involving the same estate.
- A court errs by granting relief (including intestate administration) that depends on rejecting or contradicting a binding sister-state probate judgment.

## Conclusion

The appellate court held that Florida had to recognize the Mississippi probate judgment finding Mississippi domicile and admitting the will, and therefore Florida could not proceed with inconsistent intestate administration against the same parties.


Cuevas v. Kelly, 873 So. 2d 367 (Fla. Dist. Ct. App. 2d Dist. 2004)