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In Amundson v. Catello, the Court found that heirs of a probate estate do not have standing in a partition action until a final order of distribution is entered. While probate proceedings were underway, co-owner of property with decedent brought action against two of decedent’s siblings, seeking to cancel a deed which decedent recorded that purported to sever joint tenancy and create a tenancy in common. Decedent’s heirs responded by filing a cross claim to partition the property. The Superior Court, San Diego County, ordered partition by sale, and the co-owner appealed. The ruling of the Superior Court was reversed. The Court of Appeal held that the heirs lacked an ownership interest in the property that would be required for standing to seek partition of the property.

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