Estate of Kelly

Good Law
172 Cal. App. 4th 1367·91 Cal. Rptr. 3d 674
Court of Appeal of CaliforniaApril 1, 2009C058941California2,495 words

Opinion

Opinion

Cantil-Sakauye, J.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1369 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1370 OPINION Stanley Wade Kelly (Stanley) died, leaving an estate worth over a million dollars. This case involves a dispute over the distribution of his estate. Stanley's father, E. George Kelly (Kelly), contends his son died intestate and he is the sole heir. Human Rights Campaign, Inc. (HRC), contends it is the sole beneficiary under a holographic will. Kelly, as administrator of his son's estate, appeals from an order that overruled objections to a petition for probate filed by HRC, set a time to hear the petition for probate, and did not approve Kelly's first and final report for final distribution of the estate. 1 Kelly contends the probate court erred in determining that the time limits of Probate Code section 8226 , subdivision (c) did not apply to bar as untimely the petition for probate of the holographic will. Following the plain meaning of the statute, we conclude that section did not apply…

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