Peltner

Hans Bartsch died and willed his estate to particular family members and friends. He specifically left 14 percent of his estate to respondent Arndt Peltner and named him as the executor of the estate. Objector Norman Bartsch Herterich claimed he was decedent’s only son and sole heir to the entire estate. The probate court approved an interim award of attorney fees and costs incurred by respondent in the ongoing will contest. On appeal, objector contends the award of attorney fees is improper under Probate Code section 11704 because respondent is both an executor and an heir, and therefore is not impartial. We affirm because we determine under the circumstances of this case the personal representative or executor may participate “as a party to assist the court” under Probate Code section 11704, subdivision (b).

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On January 18, 2007, decedent executed his last will and testament. In the document, decedent states “I declare that I am not currently married and I have had no children, stepchildren or foster children.” The will names approximately 20 beneficiaries, including family members and friends, most of whom are said to reside…