Where a surviving spouse is entitled to the property, one petition can replace the whole proceeding.
Property passing to a surviving spouse, whether by will or by community property, can often be confirmed on a single petition rather than through a full administration. One hearing, a few weeks, and no probate opened.
It turns on how the property was held and what the will says, which is a question worth asking before a proceeding is filed rather than after.
What this involves
- Spousal or domestic partner property petition
- Confirming community property
- Property passing to a spouse under a will
- When this is available and when it is not
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Also in probate
Who does this work
