Estate Law Questions? Ask an Estate Lawyer.
Thank you for using Just Answer.So I can better assist you, I do need some more information first, please. Was the home jointly titled between the spouses? Are there other assets not titled jointly or that did not have pay on death clauses (like life insurance)? If so, what do you roughly estimate the amount of those assets to be?
Thank you for your reply. Unfortunately, due to the estimated value of the real property, you would not be able to use any type of small estate transfer to avoid probate and would have to open an estate in this situation. California does have a simplified procedure for the transfer of real property of a decedent, regrettably, it's only for properties whose gross value is $50,000 or less.Thus, an estate would have to be opened and an executor appointed so that transfer of the property could occur. I'm sorry I cannot tell you otherwise.If you need more information or clarification, please REPLY and I'll be happy to assist you further. Thank you.
Thank you for your reply. I'm sorry for responding late, but I was not home all evening. The only difference would be that because the property was non-marital (California does not recognize a common law marriage, unless they were previously in a common law marriage in another state that DID recognize it) would be entitled to a smaller share of the property. The small estate distribution would still not be an option, however, because the value of the estate assets remain the same - in this case, the home is still worth over $50,000, regardless of how it is distributed.
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