What is the test for establishing a personal representative in a probate proceeding against a Respondent?

The court noted, "At oral argument, [appellants] and [respondent] agreed that this dispute should be litigated in the probate department of the superior court. Nothing in this opinion prohibits [appellants] from commencing a probate proceeding or bars [appellants] or decedent's personal representative from pursuing claims on behalf of the estate in probate. . . . Our opinion is not an adjudication of the merits of any potential claims by decedent's personal representative or [appellants] based on [respondent's] alleged tortious conduct towards decedent. . . ." (Manning v. Pinto, supra, B204686, fn. and citations omitted.) The court also did "not decide whether decedent's claims should

Page 4

be pursued by decedent's personal representative or by [appellants] as heirs to decedent." (Ibid.)