Estate of CHARLES DAVID LEWIS, JR., Deceased. JOHN S. WILLIAMS, as Public Administrator, etc., Petitioner and Respondent, v. DIANE LARSON, Objector and Appellant

Holding

The court held that a probate court lacks discretion under Probate Code section 8464 to appoint a public administrator, who occupies a lower statutory priority class, over the legal guardian of a decedent's minor heirs, who stands in the minors' superior priority class, absent a finding of the guardian's incompetence under Probate Code section 8402.