Legal Question in Wills and Trusts in California

Re: spouse died without a will

The financial institution that holds the mutual fund can verify who the beneficiary is on the account. If there is no beneficiary on the account, then here are some ways to get the assets transfered to you. I am assuming that these assets were acquired during marriage and are community property between you and your late wife, in which case the assets would pass to you, the surviving spouse, as community property.

1) If all of her assets do not exceed $100,000 (exclude car), you can do a small estate declaration. Forty days has to elapse from the date of her passing.

2) If total assets exceed $100,000, then you can file a spousal property petition.

Both procedures avoid the regular probate. The Declaration or the Spousal Property Order would be effective to pass these assets to you. The actual transfer with the DMV can be done with a paperless title form, when the pink slip is lost.

Re: spouse died without a will

I am sorry for the loss of your wife.

There are various procedures that can be done depending on the facts as outlined by Ms. Viravan.

If you would like a free initial consultation, please call or e-mail us with contact information. I have over 25 years experience in estate administration.

Good luck and thank you for your inquiry.