Legal Question in Wills and Trusts in California

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.

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Answered on 7/27/19, 5:56 pm

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