Estate of STANLEY WADE KELLY, Deceased. E. GEORGE KELLY, as Administrator, etc., Petitioner and Appellant, v. HUMAN RIGHTS CAMPAIGN, INC., Claimant and Respondent
172 Cal. App. 4th 1367 · C058941
California Court of Appeal, Third Appellate District · Filed
Holding
The court held that the statutory time limits of Probate Code section 8226, subdivision (c), which restrict when a proponent may petition to probate a will, are not triggered unless the proponent has received formal notice of the petition for letters of administration as required by the Probate Code's notice provisions, and that mere awareness of the probate proceedings is insufficient.
Statutes construed
- CCP § 410.50
- PROB § 10400
- PROB § 1200
- PROB § 1217
- PROB § 1250
- PROB § 1303
- PROB § 8000
- PROB § 8110
- PROB § 8120
- PROB § 8226
Cited by (1)
Authorities cited (3)
- Estate of JOSEPH CLEMENTI, JR., Deceased. SALVATORE CHIMENTE et al., Contestants and Appellants, v. RICHARD E. WEISZ et al., Objectors and Respondents 166 Cal.App.4th 375
- Estate of LYNDELL CARTER, Deceased. RICKY N. CARTER, as Administrator, Etc., Petitioner and Appellant, v. LINDELLA LASHON REGAN CARTER Et Al., Claimants and Respondents 4 Cal.Rptr.3d 490
- Estate of LYNDELL CARTER, Deceased. RICKY N. CARTER, as Administrator, Etc., Petitioner and Appellant, v. LINDELLA LASHON REGAN CARTER Et Al., Claimants and Respondents 111 Cal.App.4th 1139