Certification of Waiver by Attorney for Surviving Spouse

If you die without a will or the person named in the will can't serve as executor, the probate court will choose an executor. State law dictates who has priority to serve. The surviving spouse usually has first priority, followed by children. If there is no spouse or children, then other family members may be chosen.

If your spouse passed away in California without a Trust, you may think you'll need to go through probate. However, in many cases, the surviving spouse does not need to probate the estate of their loved one to gain access to his or her assets. Instead, you may only need to file a Spousal Property Petition.

If you fail to probate a will within the 4 year time period, then the decedent's estate will be treated as though they died intestate without a will. There are specific laws in Texas that govern which heirs are entitled to the estate's assets when a person dies intestate.

In Texas, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

However, to change the title to some property, the will must be admitted to probate.For example, if a married person dies, and the couple's property is owned with right of survivorship, the property automatically goes to the surviving spouse.

The laws in Texas surrounding intestate wills for married individuals without children are much simpler. The surviving spouse automatically receives all community property.If there are no surviving parents, siblings or descendants of siblings, the spouse gets the remainder of the estate's separate real property.

If your spouse passed away in California without a Trust, you may think you'll need to go through probate. However, in many cases, the surviving spouse does not need to probate the estate of their loved one to gain access to his or her assets. Instead, you may only need to file a Spousal Property Petition.

If you die without a valid will, Ohio intestacy laws will decide how your property will be distributed and who will receive your property. The descent and distribution section of the intestate statute favors family members and heirs that are closely related to you.