How can a surviving spouse protect their rights in an intestate estate?

In California, a surviving spouse has two main methods of protecting their rights in an intestate estate. The first method is filing an affidavit that establishes the surviving spouse’s right to an intestate share. This affidavit must be filed with the probate court in the county where the deceased spouse resided. Filing the affidavit creates a record that acts as a legal claim to the intestate share and can help protect against third-party interests. The second method is through filing a petition for a decree of descent. This petition is a legal document that establishes the surviving spouse’s legal right to the estate. The petition will list the surviving spouse as the decedent’s heir, and it will describe the distribution of the intestate estate among the heirs. This petition needs to be filed with the probate court of the county where the deceased spouse resided. Both of these methods give the surviving spouse the ability to protect their rights and obtain a legal share of the intestate estate. It is important to note that if the decedent had a valid will, these methods might not be necessary. Furthermore, it is important to understand that a surviving spouse may not have the same rights in an intestate estate as they would in a testate estate. Therefore, it is important to take action as soon as possible in order to protect the surviving spouse’s rights.

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How can a surviving spouse protect their rights in an intestate estate?

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