Estate of TROY E. SCOTT, Deceased. CLEO R. SCOTT, as Executrix, etc., Petitioner and Appellant, v. VADA WITTE, Objector and Respondent

Holding

The court held that the probate court lacked subject matter jurisdiction to adjudicate the executrix’s personal claim to recover her one-half community property interest in inter vivos gifts made by the decedent, as such property was not part of the decedent’s estate, and that Probate Code section 851.5 provides no vehicle for such a recovery.