Navigating probate requirements can be daunting, especially after the loss of a spouse. At OC Trial Group, APC, we provide clarity on whether a surviving spouse needs to go through probate in California and explain the spousal election procedure. Here’s what you need to know:
Does a Surviving Spouse Need Probate?
- Community Property vs. Separate Property: In California, community property owned jointly by spouses typically passes to the surviving spouse without probate. This includes assets acquired during the marriage, which are equally owned by both spouses.
- Separate Property: Assets owned solely by the deceased spouse as separate property may require probate if they exceed a certain value threshold. Probate is the legal process of administering the estate and distributing assets according to the deceased’s will or state laws if there is no will (intestate succession).
Spousal Election Procedure:
- Elective Share: California law allows a surviving spouse to claim an elective share of the deceased spouse’s estate, regardless of the provisions in the will. The elective share is typically one-third of the estate if there are surviving children and one-half if there are no surviving children.
- Procedure: To claim the elective share, the surviving spouse must file a petition in probate court within a specified timeframe, usually within a few months after the date of death. This process ensures the surviving spouse receives a statutory share of the estate, even if the deceased spouse’s will disinherits them or leaves a smaller bequest.
Benefits of Avoiding Probate:
- Efficiency: Assets passing outside of probate (e.g., through joint tenancy, trusts, or beneficiary designations) can be distributed more quickly and with less expense than those subject to probate.
- Privacy: Probate proceedings are public record, whereas assets passing outside probate allow for greater privacy in estate administration.
Why Choose OC Trial Group, APC?
At OC Trial Group, APC, our estate planning and probate attorneys specialize in guiding clients through the complexities of California probate law. We provide compassionate support, strategic planning, and legal expertise to ensure your wishes are honored, and your loved ones’ interests are protected.
Contact Our Probate Attorneys in Orange County, APC
Understanding whether a surviving spouse needs probate in California depends on the nature of the assets and their ownership. With guidance from OC Trial Group, APC, you can navigate probate procedures effectively and ensure your loved one’s estate is administered in accordance with your wishes.
For advice on probate law and estate planning strategies tailored to your unique circumstances, visit our website or contact us directly. Your peace of mind and the protection of your legacy are our priorities.