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You can avoid probate if you have Property held as Community Property with Right of Survivorship

      California is a Community Property state which means that the spouses must divide all community property equally. California defines community property as "All property acquired during marriage and before separation, other than by gift or inheritance." (California Family Code § 770(a)(2).)  This makes estate litigation even more complicated because you must have an experienced estate litigation attorney who understands the implications of how characterization of property can affect probate
        If you are married and hold some community property with a "right of survivorship" this means that upon death the community property with right of survivorship passes to the survivor without administration through Probate (California Civil Code § 682.1.) Additionally, community property with the right of survivorship is created by an express declaration in the transfer document pursuant to California Civil Code § 682.1. Therefore, you may be able to avoid the probate process if you are married and hold the property with a right of survivorship. 
         In order to learn more about estate litigation in California consult with an experienced estate litigation attorney in Los Angeles.

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