Estate of Scott

Cleo R. Scott, executrix and wife of the decedent, has appealed from the order denying her Probate Code section 851.5 petition to recover one-half of the decedent’s inter vivos gift of community personal property to Vada Witte. Scott contends the court committed reversible error in holding that she could not properly bring her claim in the probate court. We shall affirm.

Facts Relevant to This Proceeding

Scott and the decedent were married on November 7, 1931. Over the course of their marriage, they owned and operated a business under the name of Scott Electric in San Leandro and acquired several bank accounts and parcels of real property, all of which were held in joint tenancy. The couple ceased living together as husband and wife in November 1975. Scott remained in San Leandro while decedent resided on one of their ranches located in Butte County.

Sometime in 1975, Witte moved in with the decedent. She did the housework, assisted with the bookkeeping and helped take care of the livestock. On December 31, 1982, decedent revoked a power of attorney he had previously granted to Scott. On the same date, he assigned to Witte his interest in a savings account he held in…