Elective share entitlement refers to the legal right of a spouse to inherit a certain percentage of the deceased spouse’s estate. In many situations, this share overrides the decedent’s will, in which they may try to disinherit the spouse.
This law is designed to protect the surviving spouse from losing vital financial support. However, not all states follow this, and California is one of them. That is why you cannot rely on the elective share entitlement in Covina probate. Fortunately, there are alternative options available.
Why Does California Not Honor Elective Share Entitlement?
California does not follow the elective share system because it is a community property state, as opposed to a common law property state. In community property states, each spouse automatically owns half of all property acquired during the marriage, regardless of whose name is on the title. This legal structure removes the need for additional protection through elective share laws.
In states that do follow the elective share system, the goal is to prevent one spouse from disinheriting the other through a will.
If spouses have entered into prenuptial or postnuptial agreements, the distribution of property will be governed by the terms of those agreements.
An experienced estate planning attorney can clarify what a spouse is entitled to according to California law. While claiming the assets may be complicated in some situations, the right legal approach can simplify the process.
When Probate Is Still Necessary
The community property system considers all the income and assets acquired by either spouse during the marriage as joint property. This means that upon death, the surviving spouse can claim 50 percent of all community property, regardless of who earned the money during the marriage. The remaining 50 percent is distributed according to the deceased’s will or California intestate laws.
Probate is not required for community property. However, assets that were owned solely by the deceased spouse as separate property may be subject to probate if their value exceeds a certain amount, which changes annually.
If there is no surviving spouse, probate may also be necessary. Typically, all accounts and real estate held solely in the decedent’s name will need to go through the probate process.
Spousal Property Petition in Probate
While the elective share entitlement does not work in Covina, there are alternative options for receiving a spouse’s property without going through probate. One effective approach is to file a Spousal Property petition. This petition can be settled with just one court hearing, eliminating the need for a lengthy probate process.
A Spousal Property petition can be filed by the surviving spouse or by a representative of the deceased spouse’s estate. This petition facilitates the legal transfer of both community property and separate property to the living spouse. This method is especially helpful when the estate is relatively simple and uncontested.
Discuss Elective Share Entitlement in Probate With a Covina Attorney
While the elective share entitlement in Covina probate has its limitations compared to other states, spouses are still protected. Unless you have signed an extensive prenuptial or postnuptial agreement, you are entitled to 50 percent of your joint assets. However, it is important to understand that there are many nuances surrounding this division.
An experienced estate planning attorney from Amity Law Group can assist you in navigating the probate process and make sure your rights are protected. Call us to discuss your specific situation at any time.
