Harrington v. Saladino

Opinion

ASHMANN-GERST, J. Mark J. Saladino, a public administrator for the County of Los Angeles (the Public Administrator), challenges a probate court order appointing respondent Elke Harrington (Harrington) administrator of the estate of Johanna A. Heath (the decedent). The Public Administrator contends that Harrington did not “succeed” to a portion of the decedent’s estate, as required by Probate Code section 8462, subdivision (a),1 by virtue [399]of her mother’s assignment of a portion of her interest in the estate to Harrington. Rather, succession occurs only by operation of law.

We agree with the Public Administrator. Accordingly, we reverse the probate court order appointing Harrington as the administrator of the decedent’s estate and direct the probate court to enter a new and different order appointing the Public Administrator as the estate’s administrator.

FACTUAL AND PROCEDURAL BACKGROUND

On October 15, 2006, the decedent, a resident of Baldwin Park, California, died intestate. She was survived by two sisters, Erika Muller and Elisabeth Maierhofer (Maierhofer), five nephews of two predeceased brothers, and Maierhofer’s daughter, Harrington. All of the decedent’s relatives, except Harrington, live in Germany. Harrington resides in Michigan.

On December 6, 2006, Harrington filed a petition for letters of administration, seeking to be appointed administrator of the decedent’s estate. On February 21, 2007, the Public Administrator filed a competing petition for letters of administration. In his petition, the Public Administrator asserted that because all persons entitled to distribution from the estate reside overseas, they are disqualified from acting as administrator or from nominating an administrator. Likewise, as Harrington was not a beneficiary of the estate, she lacked priority to administer the estate. (§§ 8461, 8462.)

On April 13, 2007, Harrington filed an assignment of interest in estate. That document reflected Maierhofer’s assignment of 5 percent of her interest in the decedent’s estate to Harrington.

After entertaining oral argument and taking the matter under submission, the probate court rendered its ruling, granting Harrington’s petition, appointing Harrington administrator of the decedent’s estate, and denying the Public Administrator’s petition.