Losing a spouse is shattering. Whether the death was sudden and unexpected, or their health had been failing for some time, you may have trouble managing practical matters in the days and weeks afterward.
Probate can be challenging to navigate for everyone, but you may have specific worries if you are mourning a same-sex spouse. Contact an attorney at Amity Law Group, LLP, for compassionate guidance in understanding the Covina probate process for same-sex spouses.
What Happens During Probate?
Probate is the judicially supervised process of collecting a deceased person’s assets, paying their debts, and distributing what remains to their heirs. Usually, if the deceased person solely held an asset, it must be probated. Joint assets immediately pass to the surviving owner upon one owner’s death.
A probate court will appoint someone to administer the estate. If your deceased spouse had a will, the will names someone to be their executor, the person who manages their estate. If your same-sex spouse named you as the executor, a lawyer at our firm can guide you through the Covina probate process.
If you are named executor, the court will issue papers giving you access to property held in your spouse’s name. You are responsible for paying your spouse’s debts and distributing the remaining property per their will. If you are not their executor, you must wait until this process is complete before you obtain access to your share of your spouse’s separate property.
Same-Sex Spouses Have Identical Legal Protections
California is a community property state. This means that both spouses have an equal right to anything owned or acquired by either spouse during the marriage. After your spouse’s death, you have the right to their 50 percent of the community property. You are also entitled to a portion of their separate property.
The amount of their separate property you receive depends on whether or not they had a will. If they did, you would receive the portion stated in the will. If your spouse did not have a will, California Probate Code § 6401 would determine your share. Your percentage share would depend on whether or not your spouse left surviving children.
An issue specific to same-sex couples may arise if you lived with your spouse as a couple and were not in a registered domestic partnership before the legalization of same-sex marriage. This could raise the question of whether certain property your spouse acquired before you were married is separate or community property. If you were in a same-sex relationship and think this could be an issue, contact a probate lawyer at our Covina office to help you through the process.
What if You Were Not Legally Married?
If you and your partner did not formalize your relationship in any way, you may still be able to inherit some of their property.
For example, if your partner named you in their will, you are entitled to whatever property they bequeath to you. If your name is on the title of real estate, bank accounts, or vehicles they owned, that property is automatically yours when your partner dies. If your partner named you a beneficiary on a life insurance policy, pension, or retirement account, you are entitled to that property.
If you are not named in any documents, you have no legal inheritance rights under the law. The property that passes through probate will be distributed to your partner’s children, parents, siblings, or grandparents. A Covina probate attorney at our firm could review your situation and determine your rights to your same-sex partner’s property.
Contact a Covina Probate Attorney After a Same-Sex Partner’s Death
If you recently lost your spouse, we offer our sincere condolences. The compassionate attorneys at Amity Law Group, LLP, are ready to help you close your loved one’s estate when you are ready.
The Covina probate process for same-sex spouses does not differ from that of opposite-sex couples. Contact our office today for guidance and reassurance throughout the probate process.
