Robinson

DISCUSSION

William and Michael contend that the statement of decision was an order under Code of Civil Procedure section 1003, and appealable under Code of Civil Procedure section 904.1, subdivision (a)(10), based on Probate Code section 1304. This analysis is incorrect.

3 The statement of decision is “an order” under Code of Civil Procedure section 1003, which provides that every direction by the court in writing that is not included in a judgment is considered “an order.” Code of Civil Procedure section 904.1, subdivision (a)(10) provides that an appeal may be taken “[f]rom an order made appealable by the Probate Code . . . .” But Probate Code section 1304 provides that with respect to a trust, only certain “final” orders made under specified chapters are appealable. As explained below, the statement of decision here does not constitute an appealable final order. It is well established that the appealability of a ruling in a trust dispute is governed exclusively by the Probate Code. (Kalenian v. Insen (2014) 225 Cal.App.4th 569, 575.) “[I]t is well established that a probate order’s appealability is determined not from its form, but from its legal effect. [Citations.] An order…