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Rentz v. Rentz

The superior court had concurrent jurisdiction with the probate court to address executor of the estate's conflicting duties with regard to the distribution of several parcels of real property in the estate.

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These appeals involve the complicated interaction between the Decatur County Probate and Superior Courts in connection with the distribution of several parcels of real property in Marvin Rentz’s estate under the terms of his will. The probate court entered an order compelling liquidation of the estate’s assets, including the real property, and requiring distribution of the proceeds. The executor filed two separate declaratory judgment petitions in the superior court to ascertain if the probate court had jurisdiction to resolve conflicting claims of title to the real property and to order a sale of that property. The executor also sought a temporary restraining order to stop the sale.

The superior court determined that 1 the probate court had jurisdiction to order the sale, and 2 the superior court lacked subject matter jurisdiction to issue an injunction or to address the issues raised in the declaratory judgment petitions. These appeals followed. After a thorough review of the record, we vacate the superior court’s order and remand these cases to the superior court for further proceedings.

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