SOLIVIO vs.

CA February 12, 1990 FACTS: Celedonia, maternal aunt of the deceased, was declared as the sole heir. 4 months later, Concordia, sister of the deceaseds father file a MFR claiming that she too was an heir of the deceased. Instead of appealing, Concordia sued Celedonia for partition, recovery of possession, ownership and damages. The suit was initiated while the probate proceedings were still pending. Branch 26 granted Concordias prayers. HELD: Branch 26 was incorrect in taking cognizance of the case because it was the probate court that had the exclusive jurisdiction to make a just and legal distribution of the estate. It is the order of distribution directing the delivery of the residue of the estate to the persons entitled thereto that brings to a close the intestate proceedings. The order declaring Celedonia as the sole heir of the estate did not toll the end of the proceedings. In the interest of orderly procedure and to avoid confusing and conflicting dispositions of a decedents estate, a court should not interfere with probate proceedings pending in a co-equal court.