Can a third party in the possession of property be ordered to deliver the estate to the executor?

California, United States of America


The following excerpt is from Bartlett v. Superior Court In and For Los Angeles County, 163 Cal.App.2d 181, 328 P.2d 840 (Cal. App. 1958):

Neither Wilson v. Superior Court, 101 Cal.App.2d 592, 225 P.2d 1002, nor In re Estate of Abdallah, 80 Cal.App.2d 634, 182 P.2d 596, cited by respondents are in point. Each of those cases involved an order made by the probate court requiring [163 Cal.App.2d 184] a third party in the possession of property claimed by the executor to deliver that property to the executor. Such order necessarily involved decision by the probate court of title and the right of possession and in each case it was held that such questions were beyond the jurisdiction of the probate court.

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