Appealability, Probate: $19,125 Attorney’s Fees And $537.94 Cost Orders Affirmed On Appeal For Beneficiaries’ Bad Faith Accounting Petition Directed Against Trustee

Decision Reminds Us That Probate Court Orders, For Appealability Purposes, Are Determined Under the Probate Code.

            Armstead v. De Macias, Case No. B284275 (2d Dist., Div. 4 Oct. 16, 2018) (unpublished) involved beneficiaries’ appeal of a probate court determination that $19,125 in attorney’s fees and $537.94 in costs should be awarded to trustee for beneficiaries’ bad faith filing of an accounting petition. The orders were affirmed on appeal.

            As far as appealability, this case reminds us that most probate court orders are governed by Probate Code section 1300. In this case, fixing of compensation or expenses of an attorney is appealable under Probate Code section 1300(e), while a final order under the bad faith accounting statute is appealable under section 1304(a) subject to exceptions which were not applicable in this particular matter.

            On the merits, beneficiary-appellants could not surmount the deferential substantial evidence standard applicable to the probate court’s factual findings that the accounting petition was in bad faith under section Probate Code section 17200. The trustee did report/provide an accounting to the beneficiaries, asked for form waivers to avoid further probate expenses, and was reasonable in rejecting options to keep a property in the family given that the siblings disagreed on how to dispose of it (resulting in an eventual sale).