Estate of Heath

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

No appearance for Petitioner and Respondent.

ASHMANN-GERST, J.

Mark J. Saladino, a public administrator for the County of Los Angeles (the Public Administrator), challenges a probate court order appointing respondent Elke Harrington (Harrington) administrator of the estate of Johanna A. Heath (the decedent). The Public Administrator contends that Harrington did not "succeed" to a portion of the decedent's estate, as required by Probate Code section 8462, subdivision (a), [1] by virtue of her mother's assignment of a portion of her interest in the estate to Harrington. Rather, succession occurs only by operation of law.

We agree with the Public Administrator. Accordingly, we reverse the probate court order appointing Harrington as the administrator of the decedent's estate and direct the probate court to enter a new and different order appointing the Public Administrator as the estate's administrator.

On October 15, 2006, the decedent, a resident of Baldwin Park, California, died intestate. She was survived by two sisters, Erika Muller and…