Without a will, does surviving spouse inherit property or is probate involved?
Asked on 7/27/19, 4:23 pm
1 Answer from Attorneys
Michele Cusack
Pollak & Cusack
When a married person dies intestate, the surviving spouse inherits all community property assets and some of separate property assets (1/2 if one child/1/3 if two or more children.) Probate will not be needed if all assets are community property, but a Spousal Property Petition may be required depending on how community property assets are titled, and Petition for Probate may be required if the deceased spouse owned separate property assets.
Answered on 7/27/19, 5:56 pm
