You can avoid probate if you have Property held as Community Property with Right of Survivorship
|
By
Renee Linares
If you are married and hold some community property with a "right of survivorship" this means that upon death the community property with right of survivorship passes to the survivor without administration through Probate (California Civil Code § 682.1.) Additionally, community property with the right of survivorship is created by an express declaration in the transfer document pursuant to California Civil Code § 682.1. Therefore, you may be able to avoid the probate process if you are married and hold the property with a right of survivorship.
In order to learn more about estate litigation in California consult with an experienced estate litigation attorney in Los Angeles.