Bennett

— Claimants Smith Heavy Industrial Transit Corporation and Advanced Development Holdings, Inc. (collectively, Smith), appeal from a probate court order granting the motion of petitioners Lu Ella Bennett, Jack H. Bennett, Jr., and Louise Comer to set aside and rescind a settlement agreement and an assignment of their interests in the estate of Jack Harry Bennett (decedent). (Prob. Code, § 11604; all further statutory references are to the Probate Code unless otherwise indicated.) In addition, Smith filed a motion in this court to take evidence and make findings. (Code Civ. Proc., § 909; Cal. Rules of Court, rule 8.252.) In response to the latter request, petitioners filed a request for judicial notice. Finally, petitioners moved to strike portions of Smith’s reply brief.

Smith attacks the probate court’s ruling on several grounds. While we conclude that the court had jurisdiction to determine the enforceability of the settlement and assignment, we nonetheless agree with Smith’s claim the court erred in denying its request for an evidentiary hearing and reverse the order on this ground.

*1306 FACTUAL AND PROCEDURAL BACKGROUND

Decedent was married to petitioner Lu Ella…