Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, August 26, 2016

Probate Exception in Turnover of Estate Property

Estate turnoverIn Pollok v. The Vanguard Group, Inc., an executor filed a petition in California probate court seeking a Turnover of Estate Property. The executor claimed that asset payment to the estate was short $900,000. The financial institute in charge of the payment removed the case to federal court. The probate exception, however, states that the probate and administration of a decedent’s estate is subject to the authority of state probate courts not federal courts. The court ultimately held that federal jurisdiction would interfere with state court proceedings.

See Brian Spiro, Probate Exception Applies to Remand of Turnover Action, Florida Probate Lawyers, August 24, 2016.


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