Estate of Kerkorian

Probate Code section 11704 requires an executor to obtain court permission before taking sides in a proceeding to determine who is entitled to a distribution of estate assets. Section 11704 does not mandate neutrality or prohibit an executor from advocating in favor of one beneficiary over another. Rather, it entrusts probate courts with policing whether and to what extent participation in probate proceedings should be permitted in light of the dangers of self-interested involvement and other factors relevant to good cause. In this case, the probate court properly discharged this statutory responsibility in permitting the executor to oppose the omitted spouse petition. The court affirmed the probate court's order granting the executor's petition to oppose the petition filed by plaintiff. View "Estate of Kerkorian" on Justia Law