Amundson v. Catello
The court held that heirs who possess only a contingent interest in a decedent's property have no standing to initiate a partition action while the estate remains in probate, and that such a suit may be brought solely by the personal representative on behalf of the estate, thereby reversing the trial court's interlocutory judgment and dismissing the partition claim as the probate code exclusively bars co-heirs from asserting ownership-based partition rights until the administrator.
Date Filed: June 03, 2025
Case Name: Amundson v. Catello
Case Number: D082158A
Court: California Court of Appeal, Fourth Appellate District, Division One
(‘The court decides that heirs who have only a contingent interest in a decedent’s property lack standing to file a partition action while the estate is still in probate; only the personal representative may bring such a claim on behalf of the estate. Accordingly, the appellate court reverses the trial court’s interlocutory judgment and orders the partition suit dismissed. This holding clarifies that a pending probate bars co‑heirs from asserting ownership‑based partition rights until the estate’s administrator is authorized to sue, reinforcing the probate code’s exclusive standing requirements.’, ‘f527bf19’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.