Miramontes

*753 Opinion

In Estate of Wilson (1986) 183 Cal.App.3d 67, 68-69 [ 227 Cal.Rptr. 794 ], the court held that a surviving spouse who did not consent to transfers of community property into bank accounts for third persons may enforce his or her community property interest on an asset-by-asset basis, even though he or she is already receiving more than one-half of the total community property. In this case, we hold as a matter of first impression that in enacting Probate Code 1 section 5021, the Legislature intended to codify, rather than nullify, the Estate of Wilson mle. Accordingly, we reverse orders denying Evangelina B. Miramontes’s (Evangelina) 2 petition under section 5021 to set aside the transfers of her community property interest in .certain pay-on-death accounts, and remand the matter to the trial court with directions.

FACTUAL AND PROCEDURAL BACKGROUND

Evangelina and Raul Miramontes-Najera (Raul) married in Mexico in 1956. According to Evangelina’s petition, they “entered into an express community property marriage.” They were married until Raul’s death in October 2000 in San Diego, California.

Beginning in June 1998, without Evangelina’s consent, Raul transferred a…