Legal Question in Wills and Trusts in California

It depends. Typically when a spouse dies a probate court petition is not required. However, occasionally things are titled in just one name and this can require a spousal property petition to be required to be filed. Call me if you want to discuss more details. -John

Your sister may be able to do a spousal petition with the help of an attorney. This is an abbreviated court proceeding, and not a full probate. It is faster and cheaper than probate.

If you need further assistance, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

this depends upon how the assets were held (community property, joint tenancy, one name only) and whether or not there was any separate property. if his estate includes any real estate, a probate of some kind is likely required. your sister should retain a qualified attorney to determine the answers to these questions and file any necessary petition.