PROBATE CODE
SECTION 8460-8469




8460.  (a) If the decedent dies intestate, the court shall appoint
an administrator as personal representative.
   (b) The court may appoint one or more persons as administrator.




8461.  Subject to the provisions of this article, a person in the
following relation to the decedent is entitled to appointment as
administrator in the following order of priority:
   (a) Surviving spouse or domestic partner as defined in Section 37.
   (b) Children.
   (c) Grandchildren.
   (d) Other issue.
   (e) Parents.
   (f) Brothers and sisters.
   (g) Issue of brothers and sisters.
   (h) Grandparents.
   (i) Issue of grandparents.
   (j) Children of a predeceased spouse or domestic partner.
   (k) Other issue of a predeceased spouse or domestic partner.
   (l) Other next of kin.
   (m) Parents of a predeceased spouse or domestic partner.
   (n) Issue of parents of a predeceased spouse or domestic partner.
   (o) Conservator or guardian of the estate acting in that capacity
at the time of death who has filed a first account and is not acting
as conservator or guardian for any other person.
   (p) Public administrator.
   (q) Creditors.
   (r) Any other person.



8462.  The surviving spouse or domestic partner of the decedent, a
relative of the decedent, or a relative of a predeceased spouse or
domestic partner of the decedent, has priority under Section 8461
only if one of the following conditions is satisfied:
   (a) The surviving spouse, domestic partner, or relative is
entitled to succeed to all or part of the estate.
   (b) The surviving spouse, domestic partner, or relative either
takes under the will of, or is entitled to succeed to all or part of
the estate of, another deceased person who is entitled to succeed to
all or part of the estate of the decedent.



8463.  If the surviving spouse is a party to an action for separate
maintenance, annulment, or dissolution of the marriage of the
decedent and the surviving spouse, and was living apart from the
decedent on the date of the decedent's death, the surviving spouse
has priority next after brothers and sisters and not the priority
prescribed in Section 8461.



8464.  If a person otherwise entitled to appointment as
administrator is a person under the age of majority or a person for
whom a guardian or conservator of the estate has been appointed, the
court in its discretion may appoint the guardian or conservator or
another person entitled to appointment.



8465.  (a) The court may appoint as administrator a person nominated
by any of the following persons:
   (1) A person otherwise entitled to appointment.
   (2) A person who would otherwise be entitled for appointment but
who is ineligible for appointment under paragraph (4) of subdivision
(a) of Section 8402 because he or she is not a resident of the United
States.
   (3) The guardian or conservator of the estate of a person
otherwise entitled to appointment. The nomination shall be made in
writing and filed with the court.
   (b) If a person making a nomination for appointment of an
administrator is the surviving spouse or domestic partner, child,
grandchild, other issue, parent, brother or sister, or grandparent of
the decedent, the nominee has priority next after those in the class
of the person making the nomination.
   (c) If a person making a nomination for appointment of an
administrator is other than a person described in subdivision (b),
the court in its discretion may appoint either the nominee or a
person of a class lower in priority to that of the person making the
nomination, but other persons of the class of the person making the
nomination have priority over the nominee.
   (d) If a person making a nomination for appointment of an
administrator is a person described in paragraph (2) of subdivision
(a), the court shall not appoint a nominee who is not a California
resident to act as administrator. For California residents nominated
under paragraph (2) of subdivision (a), the court shall consider
whether the nominee is capable of faithfully executing the duties of
the office. The court may in its discretion deny the appointment and
appoint another person. In determining whether to appoint the
nominee, the factors the court may consider include, but are not
limited to, the following:
   (1) Whether the nominee has a conflict of interest with the heirs
or any other interested party.
   (2) Whether the nominee had a business or personal relationship
with the decedent or decedent's family before the decedent's death.
   (3) Whether the nominee is engaged in or acting on behalf of an
individual, a business, or other entity that solicits heirs to obtain
the person's nomination for appointment as administrator.
   (4) Whether the nominee has been appointed as a personal
representative in any other estate.
   (e) If the court decides to appoint a nominee under the
circumstances described in subdivision (d), the court shall require
the nominee to obtain bond, unless the court orders otherwise for
good cause. Any order for good cause must be supported by specific
findings of fact, and shall consider the need for the protection of
creditors, heirs, and any other interested parties. Before waiving a
bond, the court shall consider all other alternatives, including, but
not limited to, the deposit of property in the estate pursuant to
Chapter 3 (commencing with Section 9700) of Part 5 on the condition
that the property, including any earnings thereon, will not be
withdrawn except on authorization of the court. The waiver of all of
the heirs of the requirement of a bond shall not constitute good
cause.
   (f) If the appointed nominee ceases to be a California resident
following his or her appointment, he or she shall be deemed to have
resigned as administrator for the purposes of Article 7 (commencing
with Section 8520). The court shall not lose jurisdiction of the
proceeding by any resignation under this subdivision.
   (g) By accepting appointment as personal representative, the
nominee shall submit personally to the jurisdiction of the court.
   (h) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.


8465.  (a) The court may appoint as administrator a person nominated
by a person otherwise entitled to appointment or by the guardian or
conservator of the estate of a person otherwise entitled to
appointment. The nomination shall be made in writing and filed with
the court.
   (b) If a person making a nomination for appointment of an
administrator is the surviving spouse or domestic partner, child,
grandchild, other issue, parent, brother or sister, or grandparent of
the decedent, the nominee has priority next after those in the class
of the person making the nomination.
   (c) If a person making a nomination for appointment of an
administrator is other than a person described in subdivision (b),
the court in its discretion may appoint either the nominee or a
person of a class lower in priority to that of the person making the
nomination, but other persons of the class of the person making the
nomination have priority over the nominee.
   (d) This section shall become operative on January 1, 2016.



8466.  If a person whose only priority is that of a creditor claims
appointment as administrator, the court in its discretion may deny
the appointment and appoint another person.



8467.  If several persons have equal priority for appointment as
administrator, the court may appoint one or more of them, or if such
persons are unable to agree, the court may appoint the public
administrator or a disinterested person in the same or the next lower
class of priority as the persons who are unable to agree.




8468.  If persons having priority fail to claim appointment as
administrator, the court may appoint any person who claims
appointment.


8469.  (a) For good cause, the court may allow the priority given by
Section 8461 to a conservator or guardian of the estate of the
decedent serving in that capacity at the time of death that has not
filed a first account, or that is acting as guardian or conservator
for another person, or both.
   (b) If the petition for appointment as administrator requests the
court to allow the priority permitted by subdivision (a), the
petitioner shall, in addition to the notice otherwise required by
statute, serve notice of the hearing by mail or personal delivery on
the public administrator.