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Heath v. Sims

Since the probate court has exclusive jurisdiction over all matters involving the estates of deceased persons, the superior court lacked jurisdiction to hear a beneficiary's damages claims based on the estate executors' breach of fiduciary duty.

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This case involves the issue of whether a probate court has jurisdiction over a claim against executors of an estate in which the claimants seek payment of damages for breach of a fiduciary duty. For reasons that follow, we hold that it does.

Brenda Sims Heath, a beneficiary under the will of Curtis Sims, filed a petition in probate court seeking the removal of the estate’s executors, Wayne Michael Sims and Fred Edward Sims. On March 11, 1997, the probate court issued an order stating that “one or both Co-Executors may have certain conflicts of interest and may not have handled all estate matters entirely properly.” But the probate court concluded that any improper actions on the part of the two executors did not rise to a sufficient level to warrant removal and denied Heath’s petition. Nevertheless, the probate court indicated that it would address the possible conflict of interest “at a later date as a continuation of the petition or in a final accounting proceeding.”

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