Legal Question in Wills and Trusts in California
Community propertyor not?
The property deed reads John Doe and Jane Doe, Husband and Wife as Joint Tenants. The property was acquired during the marriage. Decedent was domiciled in CA and the property is in CA. Is thie property probatable? Is it considered community property in California?
1 Answer from Attorneys
Re: Community propertyor not?
If it was property that was acquired during the marriage using community property funds, it is community property. By holding title as joint tenants, there is no need to probate the prooperty. The surviving spouse can file a document called an Affidavit of Death of Joint Tenant and the property will be transferred to the sole name of the surviving spouse.
If both spouses are still still living, it would be better to transfer the property to a living trust. It will reduce capital gains taxes to the surviving spouse if he/she ever sells the property.
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