What happens to a house when someone dies without a Will and did not leave their surviving spouse on the title?
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What happens to a house when someone dies without a Will and did not leave their surviving spouse on the title?
Asked on February 11, 2013 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. I need to make an assumption here: that the property is community property even though you are not on the title. You hail from California, correct? That is a community property state so if the property is considered community property then you need to speak with a probate attorney about preparing what is known as a California Spousal (or domestic partner) Property Petition (PC 13500 / 13650). In preparing this petition the courts allow the transfer with out administration of the asset. The contents of the petition allege that the assets pass to the surviving spouse; describe the property passing to the surviving spouse; describe the property that is to be determined as already being community property; stating facts supporting why the property should pass to the surviving spouse ( purchased during the marriage, etc.); the names, relation, address and age of people entitled to notice that you are filing this petition; specify if there was, or not, a written agreement between the spouses regarding property (attach if so) and a copy of the will. Good luck.
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