Non-Probate Non-Trust Transfer of Property to the Surviving Spouse in California

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Estate planning attorneys will typically recommend the creation of a living trust to avoid the lengthy administration of a a will by the probate court and this is good advice except for small estates. However, even if this was not done there is some relief. There are statutory procedures in California that were created to allow surviving spouses to access property of the decedent more quickly. This is to shorten the period of economic insecurity that a year or two of probate administration will entail. These provisions are the

  1. spousal property election used with or without formal administration of the estate
  2. the option to collect salary owed to the decedent
  3. the option to sell or lease community property on the 41st day of decedent’s death
Non-Probate Non-Trust Transfer of Property to the Surviving Spouse in California
“Disposition of Estate without Administration”

A PDF file of the above is here.

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