Legal Question in Wills and Trusts in California

Tax filing status tells you nothing for probate purposes. For one thing, filing status simply may be wrong. Unless there was an audit which resulted in a ruling on his marital status, the tax forms aren't evidence of anything other than what he thought was the most advantageous filing status he could take, regardless of whether he was right or not. The only two ways to find out if he was legally married or not are: a) go down to the county recorder's office in the county in which he resided and see if there is a finalized marriage license on file (although it is theoretically possible that he had a confidential marriage license which would not show up), or b) file probate and petition to be the executor, and then proceed with the probate as if he were single. That will place the burden on her to come forward and establish a marriage if there was one.

I agree with Mr. McCormick. Tax filing status as head of household does not mean marriage. You need to find out if there is a marriage certificate on file. If there is, you need to find out if the marriage is valid.