Hi, California probate attorney Scott Grossman here. Today, I'm answering the question: does community property have to go through probate? I often get asked this question when somebody comes to me and says, "My mom or my dad died, but the deed to their house says that they own the home as community property." Well, we have to actually look at the deed to see what is going to happen. That's because in California, we're one of the community property states in the U.S. You can take title as community property with right of survivorship. If the deed says "with right of survivorship," then the surviving spouse gets the entire house. It works the same way as a joint tenancy deed does. When one person dies, the other person who's on the deed owns the entire thing. But we're dealing with human beings, and sometimes mistakes are made. So sometimes, we will find out that title was taken in community property. And I mean just that the deed says "community property" and leaves out the words "without right of survivorship." That's important because community property is just a way of describing the ownership interest. It doesn't convey anything. So if the deed says only "community property," you could be looking at probate. Now, there is a solution for any couple that's in this position. You don't have to do a full formal probate if you find out there is a community property interest. What a surviving spouse can file in the probate court is something called a spousal property petition. And what that means is, and this is unique to California, the surviving spouse gets to come in and say the entire asset was owned as community property, and that for that reason, all of it passes to me. California...
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