Losing a spouse is an incredibly difficult time, and navigating the legal implications can add to the stress. If a spouse dies without a will in California, what happens to their assets can be complex and depends on how those assets are titled. Understanding these nuances can help ensure that the surviving spouse knows what steps to take and what to expect.
Jointly Owned Property
One of the key factors in determining what happens to a deceased spouse’s assets is whether the assets were jointly owned. In California, if a property or asset is owned jointly by both spouses, it automatically passes to the surviving spouse upon the other’s death. This means that no probate is required for the transfer of that asset. Joint ownership is common with bank accounts, real estate, and other significant assets, making this process straightforward in many cases.
Assets Held in a Trust
If the spouses had established a trust during their lifetime, the assets held within the trust will also bypass the probate process. Trusts are a popular estate planning tool because they allow for the direct transfer of assets to beneficiaries, including the surviving spouse, without the need for court involvement. This can be particularly beneficial in minimizing delays and legal fees.
Assets Owned Solely by the Deceased Spouse
The situation becomes more complicated when an asset was solely owned by the deceased spouse and was not included in a trust. Typically, such assets would need to go through probate, a court-supervised process that can be time-consuming and expensive. However, there is an option for the surviving spouse: the spousal property petition.
Spousal Property Petition
A spousal property petition is a legal process that allows the surviving spouse to request the court to transfer ownership of an asset that would otherwise require probate. This petition can be used when the asset in question is considered community property—meaning it was acquired during the marriage and should be treated as jointly owned, even if it was only in one spouse's name.
However, the success of a spousal property petition is not guaranteed. The court will need to review the asset in question and the circumstances of the marriage to determine if the petition is appropriate. Because of the complexity involved, it’s advisable to consult with an attorney who specializes in probate and estate law to ensure that all aspects of the case are considered.
How we can help
Navigating the aftermath of a spouse’s death without a will can be challenging, especially when it comes to determining how assets will be distributed. Understanding how joint ownership, trusts, and the spousal property petition work can help the surviving spouse manage this difficult time more effectively. Given the complexities involved, particularly with assets that require court intervention, seeking legal advice is often the best course of action to ensure that the surviving spouse's rights are protected and the process is as smooth as possible.
For those facing these challenges, Hunsberger Dunn LLP offers experienced legal guidance in probate and estate matters. Our experienced team will carefully review your unique situation, offer personalized advice, and guide you through the legal process with the attention and expertise you deserve. Whether you require assistance with a spousal property petition or have other concerns related to your spouse's estate, Hunsberger Dunn LLP is dedicated to helping you protect your rights and secure your future.