Huntington Beach, California Attorney, Mark W. Bidwell

PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT PROBATE ADMINISTRATION

When a husband or wife dies leaving property that passes to the surviving spouse, whether by intestate succession or by devise, the property ordinarily passes to the survivor without the necessity for administration. [Prob. Code, § 13500] Procedures are:

File Petition in Probate Court and pay filing fees

Notify children and devisees in Will, if any, of petition and hearing

Attend hearing

Prepare Order from Court to transfer Assets to Spouse

File and record Order with County Recorder for transfer of real property

Submit order to financial institutions for transfer of personal property

Tax Consequences

There are no property tax, capital gains tax and estate tax consequences for transfers to a spouse due to death of one spouse.

Liability for decedent's debts

Generally, a surviving spouse is personally liable for the debts of the deceased spouse chargeable against property that passes to the survivor without administration