Gonzalez v. Superior Court

OPINION

HOWARD, Chief Judge.

Does the probate court have jurisdiction to hear and determine a controversy between the personal representative of a decedent and a stranger to the estate concerning real property listed as an asset of the estate? The respondent court ruled that it did not and dismissed a petition filed in the probate proceedings. Petitioner, who claimed that the subject real property belonged to her, commenced this special action and since we deem her remedy by appeal inadequate, we assume jurisdiction. Furthermore, we believe appellate intervention at this juncture is proper…