Legal Question in Real Estate Law in California

Husband dies and property is not held in joint tenancy with wife, does property have to go through probate in California?


Asked on 12/06/15, 8:38 pm

2 Answers from Attorneys

Gary R. White Burton & White

Unless there is a trust, it is likely that some type of probate proceeding will be required to transfer the real property.

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Answered on 12/07/15, 11:52 am
William Christian Rodi Pollock

Perhaps. It depends on a number of factors. If the property is to go to the surviving spouse, a spousal property petition may be used. It is much quicker and cheaper than a full probate. Consult with a a trusts and estates attorney for assistance.

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Answered on 12/07/15, 1:41 pm


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