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As a community property state, California law presumes all the property you or your spouse acquire during your marriage to be marital property, regardless of how it is titled.
More specifically, each person becomes the owner of half of their community property, but also half of their collective debt, according to California inheritance laws. The only property that doesn't become community property automatically are gifts and inheritances that one spouse receives.
Once signed and notarized, the affidavits must be filed with the probate court in the county where the property is physically located. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets.
The spouse's right to the elective share is absolute, unless it was waived through a prenuptial or postnuptial agreement. The surviving spouse is entitled to 1/3 of the decedent's augmented estate if the decedent has surviving children, grandchildren, or great-grandchildren.
The surviving spouse generally stands to inherit first, followed by the decedent's children, their parents, their siblings and so forth. Under certain circumstances, stepchildren may have priority to inherit over other heirs.
Under Arizona law, you have two years from the date of the decedent's passing to probate a Will.
Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will.
Under Arizona law, you have two years from the date of the decedent's passing to probate a Will.
Anything that is jointly owned by you and your spouse will pass to the surviving partner automatically, but you can allocate any solely owned property to whomever you choose.
In most states, most or all of the money goes to the deceased's spouse and children.