Estate of Baglione

In Estate of Baglione (1966) 65 Cal.2d 192, the surviving wife, in an heirship proceeding pursuant to Probate Code section 1080, sought to establish her right to succeed to all of certain real property near Lake Tahoe. Decedent husband had willed his share of the property to certain named relatives. The wife sought her community property share and also claimed the entire property based on an alleged oral contract that she had made with her husband to the effect that upon the death of either of them all property accumulated during the marriage should go to the survivor. The probate court found the property was community property, but refused to consider the wife's contract claim on the ground that it had no jurisdiction over such a claim. The Supreme Court determined that the probate court erred in refusing to determine the wife's contract claim, but that the error was not prejudicial under the circumstances because the wife had later sought enforcement of her contract claim in a separate action in which it was correctly determined that her claim was barred by the statute of frauds. In discussing the probate court's jurisdiction, the Supreme Court stated: "To deny a superior court sitting in probate the power to determine the whole controversy between the parties before it is pointless. In the exercise of its legal and equitable powers (see Schlyen v. Schlyen, supra, at p. 371; Estate of Cover, 188 Cal. 133, 139 204 P. 583), a superior court sitting in probate that has jurisdiction over one aspect of a claim to certain property can determine all aspects of the claim. A claimant is not required to sever and litigate a multifaceted claim in separate proceedings once all the necessary parties are before the court. Thus in the instant case, once the court determined that Marie had a community interest in the Lake Tahoe property subject to probate, it should have resolved the entire controversy and determined her rights to that property under the alleged oral agreement with the deceased. Any statements in Sieroty v. Silver, 58 Cal.2d 799, and Smith v. Smith, 220 Cal.App.2d 30 33, to the contrary are disapproved." (65 Cal.2d at p. 197.)