In re Estate of Myers

In In re Estate of Myers (2006) 139 Cal.App.4th 434, the Court stated that the plaintiff qualified presumptively "to initiate a proceeding under section 850" because she was a creditor of the estate. (Id. at p. 441.) (A distinguishing factor from the case at hand is that in Myers, the plaintiff was a judgment creditor of the deceased.) (Id. at p. 437.) Myers cautioned that "subdivision (b) of section 48 does allow the probate court a certain amount of leeway in determining whether, in a given situation, the degree of interest possessed is too remote to be significant. (Id. at p. 441, fn. 2.) The Myers plaintiff was a sufficiently "'"interested person"'" because he was the "major creditor" of the estate. (Ibid.)