Edlund v. Superior Court of S.F.

Summary

The California Supreme Court considered whether a probate court was required to enter an order establishing proof of service in proceedings to determine heirship under section 1664 of the Code of Civil Procedure. The court held that, where due service was adequately shown and no valid objection was made to the proof, entry of the order was mandatory. It further concluded that vacating the decree of distribution reopened the estate proceeding as to the residuary estate, allowing the petitioners to pursue heirship proceedings.

Holdings

1. When satisfactory proof of service has been presented in a proceeding under section 1664 and no valid objection exists, entry of the order establishing proof of service is a mandatory formal step; the court acquires jurisdiction upon proof of due service.
2. Vacating and setting aside the decree of distribution opened the administration of the estate for lawful proceedings as though no decree of distribution had previously been entered; the vacated decree therefore did not bar the petitioners' proceeding to establish heirship.

Questions Presented

1. Whether section 1664 of the California Code of Civil Procedure required the probate court to enter an order establishing proof of service after satisfactory proof of service was presented and no objection was made to the form or sufficiency of that proof.
2. Whether the prior decree of distribution remained a bar to the petitioners' heirship proceeding after the probate court had vacated and set aside the decree of distribution and revoked the order discharging the executor.

Disposition

writ_granted