Estate of Stehr

Appellant Arthur Stehr appeals the trial court’s dismissal of his petition to determine heirship pursuant to Probate Code section 1080. In what appears to be a case of first impression, he contends that the trial court, sitting in probate, erroneously ruled that it lacked jurisdiction to hear and determine his petition for heirship filed after the filing of the petition for final distribution.

Respondent maintains that the time limit set forth in section 1080 is jurisdictional. Appellant concedes that if respondent has correctly inter preted section 1080 no appeal will lie. However, appellant contends that section 1080’s time limit is not jurisdictional since (1) statutory time limits are presumed not to be jurisdictional unless expressly stated or clearly intended, and (2) the Legislature has not indicated that the time limit in section 1080 should be jurisdictional. We agree and therefore reverse.

I. Procedural Facts

On June 20, 1984, Martha Marie Stehr died and was survived by two adult children, Harry B. Stehr, Jr., and Ann Louise Wilson (respondents) and one grandson, Arthur Stehr (appellant), also known as Carl Arthur Stehr, Jr., who is the offspring of Martha’s…