Samuel Rogers v. Joseph Rogers

*87 **739 The plaintiff, Samuel Rogers, appeals an order of the Superior Court ( Nadeau , C.J.) dismissing his complaint against his son, Joseph Rogers, upon finding that the circuit court, probate division **740 (probate court), 1 and not the superior court, maintains exclusive subject matter jurisdiction over his cause of action. We reverse and remand.

I. Factual History

The trial court found or the record otherwise supports the following facts. The plaintiff's wife died in March 2012 and the parties' dispute arose after the disposition of her estate. The decedent's will named the defendant as…