[2] A will contest is in the nature of a proceeding in rem although it has some of the aspects of a proceeding inter partes. ( Estate of Golden, 9 Cal.2d 647 [ 72 P.2d 113]; Estate ofBaker, 170 Cal. 578 [ 150 P. 989]; Estate of Relph, 192 Cal. 451 [ 221 P. 361]; Estate of Sankey, 199 Cal. 391 [ 249 P. 517].) Hence the determination in a will contest on the grounds here involved, that the will is invalid, where the contest has been filed within six months after the admission of the will to probate, and due notice has been given, has the effect of invalidating the will in toto and as to everyone interested therein, regardless of whether they actively participated in the contest.
[12] A will contest is in the nature of a proceeding in rem. ( Estate of Sankey, supra; Estate of Golden, 9 Cal.2d 647 [ 72 P.2d 113]; Voyce v. Superior Court, 20 Cal.2d 479, 483 [ 127 P.2d 536].) The court has refused preliminary distribution to the testamentary trustee on the sole ground that someone may possibly file and litigate a claim that Miriam has forfeited her rights under the will.
The judgment admitting the will to probate or denying the probate is binding upon all persons interested in the will to whom due notice according to law has been given, who might have come in and who, if they had come in, would have been entitled to be heard for or against the admission of the will to probate. ( Estate of Parsons, 196 Cal. 294, 299 [ 237 P. 744]; Estate of Neubauer, 49 Cal.2d 740, 745 [4] [ 321 P.2d 741]; Estate of Allen, 176 Cal. 632, 633 [ 169 P. 364]; Kearney v. Kearney, 72 Cal. 591, 593 [15 P. 769]; Estate of Golden, 9 Cal.2d 647, 648 [1-2] [ 72 P.2d 113]; Fletcher v. Superior Court, 79 Cal.App. 468, 478 [9] [ 250 P. 195]; Scott v. SuperiorCourt, 125 Cal.App. 513, 516 [3] [ 14 P.2d 99]; Estate of Plaut, 27 Cal.2d 424, 428 [3] [ 164 P.2d 765, 162 A.L.R. 837].) [2] Thus, where the question before the court on contest relates to the validity or invalidity of the whole will, the decision validates or invalidates the whole will, since no provision is contained in the statute which in any way authorizes the finding of partial invalidity on that type of contest.
She claims the trial court properly denied Dettamanti's challenges to the court's authority to issue these two orders on this ground. (Estate of Golden (1937) 9 Cal.2d 647, 648 [certain orders of the probate court may be issued as a result of the probate court's in rem jurisdiction].) We agree.