Estate of Weber

Opinion

SONENSHINE, J.

Jack K. Weber appeals the sustaining of a demurrer without leave to amend his opposition to probate of his mother’s will. (Prob. Code, § 8250.)

1

He contends he has standing as an interested person, despite the trial court’s finding the result would be the same whether he is a beneficiary pursuant to the will or receives his share pursuant to intestacy.

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I

The decedent, Sonya Weber, was the mother of both Jack Weber and Ruth Hollis. Sonya left a will dated July 22, 1982, and a codicil dated July 20, 1988. Except for a few token bequests, the will and codicil divided Sonya’s assets equally between Ruth and Jack.

2

A few months after Sonya’s death in 1989, Jack petitioned to be appointed administrator of the estate, and Ruth petitioned for probate of the will. After Jack filed a will contest, the trial court sustained, without leave to amend, Ruth’s demurrer to Jack’s first amended complaint and opposition to probate of the will. Judgment was entered dismissing the contest.

II

The appeal is not properly before us. There is no right of appeal from probate orders except those specified in the Probate Code. (§ 7240;

Estate of Herrington

(1947) 79 Cal.App.2d 389, 390 [179 P.2d 650].)

3

A dismissal of a contest filed before a will is admitted to probate is not among the appealable orders listed in section 7240.

(Estate of Stierlen

(1926) 199 Cal. 140, 143 [248 P. 509];

Estate of Bartolo

(1954) 124 Cal.App.2d 727, 731 [269 P.2d 30].)

In