Q: My husband passed away and I don't have a copy of the will and I'm not on title what can I do?
A:
I’m sorry for your loss. In California, if your husband passed away without a copy of the will and you're not on the title, you can still take steps to address the situation. First, you'll need to initiate probate proceedings. You can do this by filing a Petition for Probate with the Superior Court in the county where your husband resided.
During probate, the court will determine the validity of the will if it's found or manage the estate according to intestate succession laws if there's no will. As the surviving spouse, you have a strong position in intestate succession and may be entitled to a significant portion of the estate. You may also request to be appointed as the personal representative of the estate, which will give you authority to manage and distribute the estate's assets.
If you believe there is a will but can't find it, notify the court and any potential beneficiaries. The court may allow testimony or evidence to help locate the will or establish your husband’s intentions. It’s essential to gather any documents, financial records, or communications that could support your case and present them during the probate process. Consulting with an attorney experienced in probate law can help guide you through this complex process and protect your rights.
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