Spousal Property Petitions
Spousal property petitions provide a simplified process for transferring a decedent’s property to a surviving spouse or domestic partner (or a personal representative of a surviving spouse if he or she has passed away as well). While spousal property petitions are essentially a more streamlined, simplified probate, whether they will also require more formal probate proceedings will depend on whether the decedent has left behind a valid will.
If your spouse or domestic partner has recently passed away, let the San Fernando Valley probate attorney at the Law Offices of Darrell C. Harriman help you. Our trusted and experienced lawyer is ready to advise you of your best options, including whether a spousal property petition is right for you, and he can provide you with the highest quality legal services for all of your probate and estate planning needs.Spousal Property Petitions: The Process
The following generally highlights what happens with spousal property petitions:
When a valid will has been left behind and the surviving spouse is the only named beneficiary, spousal property petitions can be used to quickly transfer all of the community property and all of the property in the will to the surviving spouse or partner. No formal probate will be necessary.
When a valid will is in place and the will names various beneficiaries, including the surviving spouse, then spousal property petitions can be used to quickly transfer the specifically inherited items to the surviving spouse. The remaining property and assets will, however, have to go through probate before they can be distributed to the other beneficiaries.
When no will has been left behind, spousal property petitions can be used to quickly transfer the community property of an estate, as well as any property the surviving spouse/partner would receive through intestate succession, to the surviving spouse/partner. All other property and assets belonging to the decedent’s estate, however, will still likely have to go through probate.
Here, it’s also important to point out that, while spousal property petitions have a number of benefits, they may come with some drawbacks too – especially if a decedent has left substantial debts. Consequently, it’s best to contact our Los Angeles Area probate attorney for professional, honest advice about whether it’s a good idea for you to pursue spousal property petitions.San Fernando Valley Probate Attorney at the Law Offices of Darrell C. Harriman
Are you ready to find out more about spousal property petitions and your best options? If so, the trusted San Fernando Valley probate attorney at the Law Offices of Darrell C. Harriman is ready to meet with you and talk about your case and options. For more than 34 years, our San Fernando Valley probate attorney has been dedicated to providing his clients with personalized, highly responsive service, as well as superior representation for their important legal matters.
If you make the smart choice to move forward with us, you can be assured that you will:
- Receive clear answers and information about your case
- Have an experienced, skilled lawyer listening and responding to your legal concerns
- Have optimal chances of resolving your probate matters as favorably as possible.
Let’s talk about your legal needs and whether a spousal property petition is right for you. You can contact our firm by calling (818) 892-7093 or by filling out the contact form on this page.
From our offices based in North Hills, we represent clients throughout the San Fernando Valley, Simi Valley, and the greater Los Angeles area.