Practice Areas
Estate Planning
Practice Areas
When a husband, wife, or registered domestic partner dies, the surviving spouse in Canoga Park is often left with a house, bank accounts, and a pile of mail in the other person’s name. Alice A. Salvo, a State Bar Certified Specialist in Estate Planning, Trust and Probate Law, helps surviving spouses sort out what they own and how to transfer it. Her office is in neighboring Woodland Hills. Call 818-676-9572.
California is a community property state. In general, what a couple earned or bought during the marriage belongs to both of them equally. When one spouse dies, the survivor already owns their half. The other half goes wherever the will or trust says. With no will, California gives the survivor that half too (Probate Code section 6401).
Property owned before the marriage, or inherited, is separate property, and it follows different rules. With no will, the surviving spouse gets half of it if there is one child and one-third if there are two or more. The children share the rest. Our page on when a loved one dies without a will and the guide to California inheritance law explain who else can inherit.
A surviving spouse usually doesn’t need a full probate case to take over community property. The court has a shorter process called a spousal property petition, filed on Judicial Council form DE-221 (California Courts Self-Help). The judge confirms what belongs to the survivor, and banks and title companies accept that order.
If the house was held in joint tenancy, it may pass even more simply. The survivor records an affidavit of death of joint tenant with the county, along with a certified death certificate. The catch is that joint tenancy and community property are treated differently for tax purposes, so check before choosing a route. When separate property is involved, or children from an earlier marriage expect a share, the full probate process may still be needed.
Tell Social Security about the death as soon as you can. A surviving spouse who lived with the person who died may be able to get a one-time payment of $255, and may qualify for monthly survivor benefits (Social Security Administration). Keep several certified copies of the death certificate. Banks, insurers, and the county recorder each want their own.
Don’t retitle accounts, sell the car, or pay the larger debts until you know which property is community and which is separate. Moving money too early can create questions later, especially if stepchildren are involved.
Most couples’ wills name each other first. After a spouse dies, that plan no longer works. Update your will or create a living trust so your children don’t face the probate you just avoided. Name someone new under a power of attorney and an advance healthcare directive. If you’re thinking ahead about long-term care, read about Medi-Cal planning and elder law. Registered domestic partners have the same rights as spouses; see estate planning for domestic partners. The full estate planning page lists everything a new plan should include.
Alice Salvo has been rated AV by Martindale-Hubbell, and associate attorney Levon Gevorgyan works alongside her on estate planning and trust matters. Canoga Park clients can meet in Woodland Hills, by phone, or by video. The firm also helps families in Winnetka, Reseda, West Hills, and Tarzana.
Often not for community property. A spousal property petition on form DE-221 lets the court confirm the survivor’s ownership without a full probate case.
The surviving spouse receives all of the community property. Separate property is split between the spouse and the children, or other relatives if there are no children.
Order several certified death certificates, notify Social Security, and hold off on retitling accounts until you know which property is community and which is separate.
You don’t have to sort this out alone. Call 818-676-9572 or reach the office online, and bring the will, deed, and recent account statements if you have them.
Last updated November 11, 2026. Meet Alice A. Salvo, State Bar Certified Specialist in Estate Planning, Trust and Probate Law.