Walk It Through: No Will
Community property, separate property, and an affidavit at $75,000 or less.
A man dies without a will, leaving his wife and a son from an earlier marriage, and a house that was community property.
Two things a person in this spot might do. Picking one shows what the law says about it.
One family with a blended household. Wills, the homestead and exempt property in detail, and debts of the estate are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Community propertyProperty either spouse has during or at the end of the marriage is presumed to be community property, and the court divides the estate in the manner it deems just and right.
- HomesteadA home exempt from seizure for creditors' claims. An urban homestead is not more than 10 acres, and the proceeds of selling one are not subject to seizure for six months after the sale.