If my spouse dies and I am not on the deed to our home, do I have to go to probate and pay death taxes?

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If my spouse dies and I am not on the deed to our home, do I have to go to probate and pay death taxes?

Or is it considered community property and I would own it outright?

Asked on April 10, 2013 under Estate Planning, Texas

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

California does not have death taxes nor does the United States. Question, did you and your husband buy the property during marriagge? If so then it is presumed community property, and you survive to his interest; however, you will still need to go to probate court for a short probate to file a petition and affidavit so you can get title to your name. You are advised to seek the assistance of an probate attorney to carry out this process.


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