Ex Parte Marion Kristen McLeroy, as Personal Representative of the Estate of Nella Ruth Braswell, Petition for Writ…

Summary

The court granted mandamus relief and directed the circuit court to vacate its consolidation order and remand the estate administration to the probate court. It held that the probate court's final-settlement process began when the personal representative filed settlement materials and the probate court scheduled a hearing and provided notice, thereby cutting off the statutory right to remove the estate proceeding. The court concluded that the circuit court lacked subject-matter jurisdiction to retain the estate administration after that point.