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California Probate

What is separate property in California?

Short answer

Assets one spouse owned before marriage, or received as a gift or inheritance during marriage, kept separately. Separate property does not automatically pass to the surviving spouse — it passes according to the will, trust, or intestate succession. The line between separate…

What this usually means

Assets one spouse owned before marriage, or received as a gift or inheritance during marriage, kept separately. Separate property does not automatically pass to the surviving spouse — it passes according to the will, trust, or intestate succession. The line between separate and community property can be complicated if funds were mixed.

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