Estate of Quadri CA2/6
Opinion
Opinion
DISCUSSION
When a decedent dies intestate and is not survived by a spouse or domestic partner, but is survived by children, those children have equal priority for appointment as administrator of the decedent’s estate. (§ 8467; Estate of Selb (1949) 93 Cal.App.2d 788, 790.) In those circumstances, the court possesses discretion to appoint one or more of the children as administrator. (Selb, at p. 792.) The burden rests upon the complaining party to establish an abuse of discretion – that the court’s decision is unreasonable. (Ibid.) The probate court did not abuse its discretion by appointing Shoemaker as the administrator of Quadri’s estate. In this
3 Kime states that Walters is her daughter. Walters is not a beneficiary of the estate, however, and has no standing to challenge the appointment of Shoemaker as administrator. (Estate of Kempton (2023) 91 Cal.App.5th 189, 202 [an aggrieved party is one whose rights or interests are injuriously affected by the probate court’s underlying ruling].)
3. intestate probate, each of the four daughters is entitled to an equal share and each has equal priority to be appointed administrator. (§§ 6402, subd. (a) [intestate succession]; 8467…