What is the probate court's jurisdiction to distribute the estate of a deceased?
California, United States of America
The following excerpt is from Hensel's Estate, In re, 144 Cal.App.2d 429, 301 P.2d 105 (Cal. App. 1956):
'Jurisdiction of the probate court is a jurisdiction in rem. The res is the decedent's estate, and [144 Cal.App.2d 436] the object of the probate and administration proceedings is to secure distribution to the persons entitled to share in estate. Edlund v. Superior Court, 209 Cal. 690, 695, 289 P. 841. Jurisdiction is established when the appropriate petition has been filed and the notice required by the statute has been given. The usual method is by publication, or posting, as in the partial distribution proceeding here involved, or by both. By such method notice is deemed to have been given to all persons interested that the proceeding is pending. Where there is no statutory requirement therefor, personal notice to persons interested, although their interest appears, is not essential to give the probate court jurisdiction to distribute the estate to those entitled.'
In re Estate of Loring, 29 Cal.2d 423, at page 429, 175 P.2d 524, at page 527, says:
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