California Court of Appeal

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Estate of Heath, B201326

Probate court order appointing niece of the deceased as administrator is reversed where the appointed administrator did not "succeed" to a portion of the decedent's estate, as required by Probate Code section 8462(a), by virtue of her mother's assignment of a portion of her interest in the estate to niece. Succession occurs only by operation of law.

Appellate Information

  • Decided 08/27/2008
  • Published 08/27/2008

Judges

  • ASHMAN-GERST, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Raymond G. Fortner, Jr., County Counsel, Albert D. Kelly and David F. Skjeie, Principal Deputy County Counsel, for Objector and Appellant.

  • For Appellees:
  • No appearance for Petitioner and Respondent.
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