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My spouse passed away and I received a request from Franchise Tax Board for Probate details for estate.

San Jose, CA |

i am the beneficiary
, and we have no will.
Home is in both our names, all children are adults(his & mine) and are on their own. Am I only entitled to 1/3 of our community property ? And do I need to go through Probate.

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Attorney answers 3


You are entitle to 100 percent of community property and 1/3 of separate property. If the house was held in joint tenancy or cp you are entitled to 100 percent of that.

You should consult an attorney to determine if probate is necessary based on your husbands total assets and what response if any is necessary for the FTB. It sounds like your husband make owe state income taxes.

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Agree with colleague,. In addition, you need create an estate plan. It is advisable to consult with an attorney.

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This is tricky as there might be other "property" issues than real estate here. If the house was held as joint tenancy and this is the only issue, then the house won't need to go through probate. If there are other assets, then it all depends on how those assets were titled. I suggest that you seen an attorney to decide if a Probate action is required.