ESTATE OF JUULI PODER, Deceased; ELVINE SAAR et al., Plaintiffs and Appellants, v. CON S. SHEA, as Public Administrator, etc., et al., Defendants and Respondents
274 Cal. App. 2d 786 · 26096
California Court of Appeal · Filed
Holding
The court held that the probate court lacked jurisdiction to admit the decedent’s will to probate because the public administrator failed to provide the statutorily required notice to known heirs, rendering the order admitting the will void. The appellants’ request for special notice and subsequent objections to the final distribution did not constitute a general appearance that would waive this jurisdictional defect.
Statutes construed
- CCP § 1916
- PROB § 1202
- PROB § 1240
- PROB § 259
- PROB § 328
- PROB § 380
Cited by (2)
- Estate of WILLIAM NICHOLAS, Deceased. DONALD F. LINSTEADT, as Successor Trustee, etc., Petitioner and Respondent, v. NICOLI G. NICHOLAS, Objector and Appellant; MARIA NICHOLAS KELLY et al., Claimants and Respondents (1986) 177 Cal. App. 3d 1071
- Conservatorship of the Estate of GERALD O'CONNOR. JUDITH O'CONNOR, as Administrator, etc., Petitioner, v. OLD REPUBLIC SURETY COMPANY, Objector; OLD REPUBLIC SURETY COMPANY, Plaintiff and Respondent, v. JUDITH O'CONNOR, as Administrator, etc., Defendant and Appellant (1996) 48 Cal. App. 4th 1076
Authorities cited (3)
- Estate of MIKE M. NERSISIAN, Deceased. KARAPET NERSISIAN et al., Appellants, v. LEO KOLIGAN et al., Respondents; DAVID NERSISIAN et al., Petitioners, v. SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent 155 Cal.App.2d 561
- GLADYS TORREGANO STEVENS, Appellant, v. ALFRED TORREGANO, Respondent 192 Cal.App.2d 105
- Estate of MARY VOLLHABER, Deceased. MARY SLINEY, Petitioner and Respondent, v. BALDO M. KRISTOVICH, as Public Administrator, etc., Objector and Appellant 251 Cal.App.2d 145