Estate of Damskog

1 Cal.App.4th 78 (1991) 1 Cal. Rptr.2d 653 Estate of OTTO DAMSKOG, Deceased.

RICARDO HERNANDEZ, as Public Administrator, etc., Plaintiff and Appellant,

v.

GENE MARCHI, as Administrator, etc., Defendant and Respondent.

Docket No. A052995. Court of Appeals of California, First District, Division Five.

November 22, 1991. [79] COUNSEL

Lou Aronian and Steven A. Weinkauf for Plaintiff and Appellant.

Kato & Feder and Brent R. Kato for Defendant and Respondent.

OPINION

KING, J.

In this case we hold that Probate Code sections 8465, subdivision (a) and 8402, subdivision (a)(4), preclude a decedent's nonresident heirs from nominating the administrator of his estate.

San Francisco Public Administrator Ricardo Hernandez appeals from a probate order naming Gene Marchi administrator of the estate of Otto Damskog.

Damskog died intestate on August 9, 1990, leaving as heirs two sisters and the children of a deceased sister, all residing in Norway. On September 12, Marchi, who had been acting for Damskog under a durable power of attorney prior to his death, filed a petition for letters of administration and authorization to administer Damskog's estate. On October 26, Damskog's [80] surviving sisters nominated Marchi as administrator. On October 29, Hernandez filed a petition for letters of administration followed by points and authorities in opposition to Marchi's petition. Marchi responded with points and authorities in opposition to Hernandez's petition and in support of his own.

After a hearing on November 21, 1990, the trial court appointed Marchi as administrator of Damskog's estate.[1]