Legal Question in Wills and Trusts in California

In the State of California, in the absence of a will, would the property held in the name of a spouse automatically go to the other spouse in case of death?


Asked on 9/04/09, 7:41 pm

1 Answer from Attorneys

No, not necessarily. It will depend upon the type of property. For instance, if property held by the decedent (spouse that died) is real estate, then a probate would be the process to change title to the real estate to the surviving spouse.

Also, if there's no will, property will go through "intestate succession" process. If there are kids too the property is split up.

You should really consult with an attorney.

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Answered on 9/04/09, 8:32 pm


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