Five Factors to Consider: The California Probate Homestead Set Aside
During the California probate administration process, the family members of the decedent may be left in a difficult financial position. Not having to worry about needing to leave the family home; can be a huge relief to a surviving spouse and minor children. To accomplish this, the family members can file a request for temporary possession of the family home. Most of all, a temporary possession order if granted, will be valid up to sixty days after the filing of the Inventory and Appraisal. However, once the order expires, family members may seek the protection of a Probate Homestead Set Aside. Furthermore, this is temporary protection that allows the surviving spouse and minor children to remain in the home. Consequently, the court decides based upon various factors the length of the Probate Homestead Set Aside.
Factors Determining Length of Probate Homestead Set Aside:
- The needs of the surviving spouse
- The needs of the surviving children
- The income of the surviving spouse
- The length of the marriage
- The age of the surviving spouse
The court may allow for the Homestead to remain in place for the rest of the surviving spouse’s life; when a surviving spouse is older and has a limited means of financial support. In other cases, the court may decide to limit the Homestead Set Aside protection to only six months.
Initiating the probate administration is the first step towards obtaining protections that may be available to a decedent’s family. Our article 4 Types of Petitions for Starting a California Probate Administration provides an overview of the methods for beginning probate.
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