San Diego trust attorneys at The Grossman Law Firm discuss a simplified form of probate available when the sole beneficiary is a spouse or domestic partner.

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Probate and Trust Administration

1/16/2012
Scott Grossman
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The Spousal Property Petition: Avoid Full California Probate

If you’ve recently lost a spouse or domestic partner, then you’re already overwhelmed with pain, loss, and anxiety. Figuring out the process of trust administration or going through a full probate in order to transfer property into your name is just another difficulty during this stressful time. Fortunately, California law has allowances that will make the transfer of inherited property easier on you while you are coping with your loss.

The spousal property petition will allow you to transfer assets from your partner’s name to yours, usually in less time and at significantly less cost than a full probate. If you are your spouse’s or domestic partner’s sole beneficiary or your partner did not leave a will, then all community property could be transferred to you shortly after filing. 

Separate property that was not willed to you or any property that was willed to other beneficiaries may need to go through full probate, however. It might then be in your best interests to seek legal counsel to help the process go as smoothly as possible and to protect yourself in case of will contests or trust litigation.

Have you recently lost a spouse or domestic partner and need to know more about the spousal property petition? Are there complications surrounding the administration of your spouse’s or partner’s estate? California trust lawyer Scott Grossman of The Grossman Law Firm offers a full range of California estate services, including probate and trust administration, estate planning, and will contests and trust litigation to clients in and around San Diego. Call our lawyers for a free, 30-minute case review at (951) 683-3704 or (888)443-6590 today.

Also, be sure to request your copy of Scott Grossman’s FREE book The Insider’s Guide to California Probate and Trust Administration.



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