Estate of Hawkins

William C. Hiscock for Objectors and Respondents.

OPINION

McCLOSKY, J.

This is an appeal from the September 5, 1986, order distributing the residue of the estate of decedent Elizabeth Hawkins. We affirm.

Decedent died intestate on January 13, 1985, in Long Beach, California. She was survived by seven first cousins — Richard Tendick (appellant), Tekla Ballard, Fae Hamman, Martha Hamand, Virginia Struble, Lois Lea Ford and Dorothy Stringer — and two first cousins once removed — Mark Douglas and Richard Douglas (respondents) the surviving children of decedent's first cousin Marian Tendick Douglas who predeceased decedent. (See Appen. A, post, p. 109.)

On January 16, 1985, appellant filed a petition for probate. Therein he requested to be appointed administrator of decedent's estate and listed himself and decedent's six other first cousins as her heirs. Respondents were omitted from the list of heirs and were not given notice of the probate proceedings.

In an order setting final account and for distribution dated December 30, 1985, and filed on January 21, 1986, the probate court, having found decedent's seven first cousins to be her only heirs-at-law, ordered that each of them…