Skip to main content
Probate

Does Community Property Go Through Probate?

By July 24, 2025August 4th, 2025No Comments

Table of Contents

  • Key Takeaways
  • What Is Community Property in California?
  • How Title Language Affects Probate
  • What If the Deed Says Only “Community Property”?
  • How a Spousal Property Petition Works
  • Related Resources
  • FAQ
  • How The Grossman Law Firm Can Help

Key Takeaways

  • In California, community property does not always avoid probate—it depends on the exact language used in the deed.
  • If the deed includes “right of survivorship,” the surviving spouse generally receives the property without probate.
  • If the deed says only “community property” without survivorship rights, the estate may require court action.
  • A Spousal Property Petition can be used to streamline the process and avoid complete probate when property was owned as community property.

Does Community Property Go Through Probate in California?

What Is Community Property in California?

California is a community property state, which means both spouses jointly own most assets acquired during a marriage.

However, community property is just a description of ownership—it doesn’t automatically transfer title after death. What really matters is how the property is titled on the deed.

When someone calls The Grossman Law Firm and says, “My mom or dad passed away, and the deed says community property—do we have to go through probate?”—the answer depends on whether the deed also includes the right of survivorship.

How Title Language Affects Probate

There are two common ways community property can be titled in California:

1. Community Property With Right of Survivorship

If the deed includes this language, then when one spouse passes away, the surviving spouse automatically becomes the sole owner. The property transfers without the need for probate. This functions similarly to joint tenancy with right of survivorship.

2. Community Property (No Mention of Survivorship)

If the deed says only “community property” and omits survivorship rights, then probate may be required to transfer ownership.

It’s a common mistake. Many couples assume “community property” alone avoids probate, but the absence of survivorship language can trigger a court process.

What If the Deed Says Only “Community Property”?

When the deed only references community property, it does not create an automatic transfer of ownership. The surviving spouse does not automatically inherit the entire interest in the property. That’s when probate law kicks in.

The good news is: California has a solution that avoids complete probate for this situation.

How a Spousal Property Petition Works

A Spousal Property Petition is a simplified probate procedure available under California law. It allows a surviving spouse to ask the probate court to confirm that the deceased spouse’s share of the property now belongs to them.

Key points:

  • The petition can be used for real estate, bank accounts, and other community property assets.
  • It’s much faster and less expensive than formal probate.
  • It still requires court paperwork and a hearing, but it’s far more streamlined.

At The Grossman Law Firm, we routinely help clients use Spousal Property Petitions to avoid drawn-out probate cases. It’s an effective tool to transfer property quickly and legally after a spouse’s death.

Related Resources

FAQ

Does community property automatically avoid probate in California?

No. Only community property with right of survivorship avoids probate. If the deed lacks survivorship language, court intervention may be necessary to ensure the property is properly transferred.

What is the benefit of a Spousal Property Petition?

It allows the surviving spouse to transfer ownership of community property without going through complete probate, saving time and money.

How do I know how the title is held?

You’ll need to review the recorded deed. An experienced probate attorney can help interpret the deed and advise you on your next steps.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing their rights in probate and trust litigation.

If you’re unsure whether community property must go through probate or whether a Spousal Property Petition applies to your situation, we’re here to help. We’ll review the deed, explain your options, and guide you through the best path forward.

Call (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case at no cost to you to assess your situation.

Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.