Legal Question in Wills and Trusts in California

Did he have a will? If so, you have to probate the will. If not, you have to open an intestate probate.

Or, depending on certain facts, you may be able to file a spousal property petition and depending on the value, you may be able to use some other summary procedure.

I am sorry for your loss.

I think the best advice that could be given right now is that you should contact a local estate planning/probate attorney for assistance. You will want to make sure you are protected and not excluded from receiving what is legally yours.

Good luck!

I am sorry for your loss. If your husband had a will, you will need to Probate the will in the county where he and you resided at the time of his death. If he had a will but it was executed prior to your marriage, and does not include provisions for you, you may be entitled to (at least a share) of the house or other assets as an omitted spouse. You may be able to file a spousal petition. If there is no will, you will also need to file a Probate Petition based upon intestate succession. What you are actually entitled to or what action needs to be taken depends on several factors including the size of the estate, the existence or non-existence of a will, and, if no will, whether your husband is also survived by children.

I agree with Mr. Jordan. You should consult with a local estate attorney for help with this.