Anderson
Anderson v. Breeden
Opinion
lead Opinion
Mallano, J.
In this probate case, an heir of a decedent’s estate sought and obtained an order appointing her administrator of the estate and determining that the decedent died intestate. The administrator later found a holographic will of the decedent. More than five months after the determination of intestacy and more than three months after discovering the will, the administrator filed a petition to admit the will to probate. The trial court denied the petition on the ground it was untimely. The administrator appealed.
*372 We agree that the petition for probate of the will was untimely and affirm.
I
BACKGROUND
On May 8, 2007, James Peter Earley died, leaving an estate valued at around $1.25 million. On July 31, 2007, Kathleen Anderson, Earley’s first cousin, filed a petition in the trial court, seeking letters of administration. Anderson also filed an heirship declaration, stating she was the sole beneficiary of the estate. Notice of the petition was by publication.
On August 17, 2007, Anderson filed a notice of the petition to administer the estate. The notice was addressed to all heirs and beneficiaries, among others, and was served on the Los Angeles Public Administrator…