Estate of Vargas CA2/4

BACKGROUND

Gilbert and Thelma married in November 2011 and lived apart throughout marriage. Thelma resided in Mexico; Gilbert resided in the United States. On March 15, 2019, Gilbert executed a will in which he identified himself as a single man, left all of his assets to Andrea and Robert Vargas, his children

Because various individuals involved in this appeal share the same last name, we refer to them by their first names. We intend no disrespect. Subsequent unspecified references to statutes are to the Probate Code.

2 from a prior marriage, and named Andrea executor. Following a battle with substance abuse, Gilbert died on January 22, 2020.

A. The Probated Will In August 2020, Andrea petitioned to have Gilbert’s will admitted into probate. The petition was noticed to known addresses for Andrea, Robert, Thelma, and the Consul General of Mexico. On May 3, 2021, the court granted the petition, admitted the will into probate, and appointed Andrea personal representative.

B. The Spousal Property Petition On November 16, 2023, Thelma filed a spousal property petition claiming heirship as a surviving and pretermitted spouse (§§ 13500, 21610).2 The petition…