Probate, Heirship Petition by Trustee of Testamentary Trust, Prob. Code 11700, 1, 2

Under Probate Code 11700, “any person claiming to be … entitled to distribution of a share of the estate, may file a petition for a court determination of the persons entitled to distribution of the decedent’s estate.”  The trustee of a testamentary trust is entitled to receive a distribution of the property that the will directs to the testamentary trust and so may file a petition under section 11700.  The probate court must then decide the validity of the trustee’s claim.