Spousal Property Petition
Definition:
A spousal property petition is used to transfer assets from a deceased spouse to a surviving spouse or domestic partner, after the spouse's death. A spousal property petition is considered to be a more simplified probate which takes less time and is less expensive than a full probate.Consequences of Spousal Property Petition:
A spousal property petition can be used when someone with community property has died, but has a surviving spouse or domestic partner. A spousal property petition cannot be used in the case where the decedent owned separate property and does not have a will that gives that property to the spouse or domestic partner. In that case, a full probate is necessary. When using a spousal property petition, it is important to first be aware that there may be litigation against the estate, a will contest, or a problem with creditors regarding the community property.What a Lawyer can do for you:
Probate lawyers can help you determine if a spousal property petition is right for your particular case. Those involved in probate matters often find it complicated, especially when it comes to fighting for the rightful ownership of a property of asset. A probate lawyer will help make sure your rights are protected and help you avoid legal complications in a spousal property petition.Lawyer Referral Service:
If your spouse or domestic partner has recently deceased and you have community property, you may need a spousal property petition. Attorney Search Network can help you find probate lawyers in your area that are experienced in all probate matters.
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