Legal Question in Wills and Trusts in California

spousal property petition

my husband passed away and he owned a condo purchased while we were married but in his name only. Property is located in CA. The gross value of the condo exceeds 100,000, but with the lien the Equity (Net) is less than 20,000. His will leaves everything to me and will not be contested. do i need to go through probate or can I used the simplified process to transfer the real estate into my name.


Asked on 9/27/08, 5:48 pm

2 Answers from Attorneys
James Obecian law office san diego

Re: spousal property petition

Please accept my condolences as to your loss. Yes it must be probated, unfortunately. Contact me directly for assistance.

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Answered on 10/01/08, 1:58 am

Re: spousal property petition

I am very sorry for your loss. With a will leaving everything to you we should be able to do a Spousal Property Petition to transfer the condo into your name. It does have to go to the probate Court but is pretty simple for an experienced estate planning attorney. I would estimate about $2,000 in total including Court costs at the most. I do these types of petitions throughout the state so just let me know if you want to hire an experienced probate attorney. I am a certified specialist in probate law. Call me! -John

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Answered on 9/27/08, 6:04 pm


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