Divorce and Contesting Probate Administration of Dead Spouse Under Probate 13650

At the Orange County law office of david p Schwarz we have litigated numerous divorce cases where the spouse is the survivor and seeks to get their community property share after their spouses death. Please call our office at 949 735 9266 or by the web. We can also be reached by email at dpslaw66@gmail.com.

A divorce lawyer will assist you in bypassing probate court to get any community property that is due to you after your spouse passes away. The Probate code establishes an optional procedure for “short-cutting” probate administration of community and/or quasi-community property.

Property qualifying for the “set-aside” may be “determined” and “confirmed” to the surviving spouse/domestic partner without probate delay and no formal administration is necessary.

A Divorce lawyer will protect your community property interest from any probate administration. It is true however, that the dead spouses property that passes by will or intestacy to the surviving spouse does so without any court proceedings. The bypassing of the probate court is a confirmation by the California Courts to assist the surviving spouse in quickly getting their community property rather than waiting years.

The procedure simply provides a formal judicial determination that such property has in fact passed to the surviving spouse. In the case of community and/or quasi-community property interests already belonging to the surviving spouse, the procedure “confirms” such ownership.

At the Orange County of Law office of David P Schwarz we will direct our clients in the proper direction to set-aside the probate action. It necessary for purposes of clearing “marketable” title, clarifying which property is subject to administration when only part of the estate requires administration, and determining the value of property in order to establish the extent of the surviving spouse's liability to creditors.

A divorce lawyer will let you know that the only person who can file for the set aside action is the surviving spouse or domestic partner. Any other person claiming a right to the same property or an interest therein must await formal probate administration.

A prior judgment of dissolution or nullity negates marital status Therefore, the former spouse's rights in decedent's estate, if any, must be determined through probate administration.

A judgment terminating marital status extinguishes the survivorship interests of former spouses in marital property held in joint tenancy or as community property with right of survivorship.

At the Orange County law office of david p Schwarz we are experienced divorce lawyers who will protect your interest in any survivorship rights you might have in your deceased spouses property. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.