WrenfieldEstate Law

Probate

Spousal property petitions

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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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