Pezzola v. Pezzola

Section 640 of the Probate Code (to which all section references herein are made) authorizes setting aside a decedent’s estate to the surviving spouse where “the net value of the whole estate” is no greater than $20,000. The central issue on appeal is whether the decedent’s community property interest, which passed to the surviving spouse without administration, must be included in computing the net value of the whole estate. Our analysis impels the conclusion that it must.

Facts

Glenn D. Pezzola died intestate on June 30, 1978, without issue but survived by his wife, Cheryl, and his parents, Thomas and Arlene Pezzola. Thereafter, as the duly appointed administratrix of decedent’s estate, Cheryl filed an inventory and appraisement listing community property assets (two beauty salons) valued at $28,000 and separate property assets (an unimproved lot and an automobile) with a gross value of $11,300. On March 15, 1979, Cheryl sought confirmation of the community property without administration as provided by the community property statutory scheme. (§§ 201-202, 650 et seq.) On April 16, 1979, the court issued its order finding that the beauty salons constituted community…