Kappus v. Kappus

This appeal concerns whether an independent executor’s alleged conflict of interest — here, a good-faith dispute over the executor’s percentage ownership of estate assets — requires his removal as a matter of law. Probate Code section 149C lists several grounds for removing an executor, but “conflict of interest” (either actual or potential) is not among them, and we refuse to engraft such a test onto the statute. Accordingly, as none of the conditions for removal under section 149C were met in this case, we reverse the court of appeals’ judgment and reinstate the trial court’s order denying…