The death of a spouse is not only an emotionally taxing situation but it also causes a variety of legal repercussions for the surviving spouse. When property transfer is not specified in a will, the surviving spouse may choose to obtain the property to which he or she is entitled via a simplified probate process: If you would like to explore the option of a spousal property petition in Roseville, CA, the team from Meissner, Joseph & Palley, Inc. is here to help.
According to the California Probate Code, any property that is personal in nature, jointly titled, or contains a “right of survivorship” clause is automatically transferred to the surviving spouse with no will or interstate succession required. However, any property that is in the deceased spouse’s name or is contained in his or her half of the community property requires legal proceedings for the transfer of rights. This is where the spousal property petition comes in.
Applying for Spousal Property Petition
Individuals who are eligible to apply for the petition are the surviving spouse, domestic partner, or a legal representative of the spouse or partner. To begin the property transfer, the surviving individual files several documents to the court within the county where the decedent has resided until death. The will must be attached, if applicable, along with any other documentation pertaining to the property. Due to the simple nature of the petition, a single court hearing is required for the judge to issue a final order regarding the property.
We Can Help Guide You Through your Petition
There are numerous benefits to choosing the spousal property petition in “typical” cases of losing a spouse. Primarily, this option eliminates the need for a costly and time-consuming probate process if your rights as the only beneficiary are indeed indisputable. However, some of the more complicated spousal asset transfers may benefit from full probate.
If you seek a professional evaluation of your candidacy for spousal property petition in Roseville, we welcome you to schedule a detailed consultation with the law firm of Meissner, Joseph & Palley, Inc. today. Probate attorney John B. Palley looks forward to speaking with you! Call 916-774-0560 to learn more or fill out the form below.