McDaniel

Troy L. McDaniel died in a motorcycle accident on September 23, 2005. On August 17, 2006, Troy McDaniel’s mother, Marianne McDaniel, filed a petition for entitlement of distribution of Troy McDaniel’s *460 estate. The petition alleged that Troy McDaniel had died intestate, that he did not have and had not had children, and that Marianne and Troy’s father, Lyle McDaniel, were entitled to have Troy’s estate distributed equally between them.

Appellant, Marie McDaniel, opposed the petition arguing that, despite a dissolution proceeding in 2005, she was still Troy McDaniel’s wife at the time of his death and therefore entitled to inherit his estate. On that basis she asked that Marianne’s petition be denied.

On October 3, 2006, based on the provisions of Probate Code section 78, subdivision (d) (all undesignated section references that follow are to the Probate Code), the trial court decided that, because Marie McDaniel was not Troy McDaniel’s “surviving spouse” within the meaning of the Probate Code at the time of his death, she was not entitled to inherit from his estate. On November 17, 2006, the trial court granted Marianne McDaniel’s petition for distribution and Marie…