Creditor provided Decedent with medical services and obtained a hospital lien. After a complicated collection process involving several lawsuits and settlements, Creditor asserts that a probate court order adjudicating Creditor s claim is void because the court lacked jurisdiction. The appellate court held that the statutory county court had jurisdiction. Creditor s claim was against the estate, estate assets would be used to pay the claim, and the outcome of the case would have a direct bearing on the distribution of Decedent s estate. Accordingly, Creditor s claim was incident to the estate and the trial court s order was not void for lack of jurisdiction.
Courts continue to interpret the jurisdiction of probate courts broadly.
Even if a party believes that the court lacks jurisdiction to issue an order, the party should protect itself by filing a timely appeal in case jurisdiction is upheld.