Estates and trusts: property claims.

Existing law provides for the determination by petition filed in a court of claims brought to determine ownership of real or personal property claimed by an estate, a ward or conservatee, or a trustee, as specified. Existing law authorizes a person having or claiming title or an interest in the property which is the subject of the petition to object that the court in which the petition is filed is not the proper court under any other provision of law for the trial of a civil action seeking the same relief. Existing law prohibits a court from granting a petition if that objection is established. Existing law prohibits a court from granting a petition if the court determines that the matter should be determined by a civil action. This bill would additionally authorize a petitioner to file a petition described above in the county where the property that is the subject of the petition is located, or in the county where the day-to-day administration of the trust in possession of, holding title to, or claiming an interest in the property takes place, and would clarify that a petition may be filed in a court which would be proper court under any other provision of law for the trial of a civil action seeking the same relief. The bill would authorize a person to object to a petition on the ground that the petition was not filed in one of those courts.