If your spouse has accounts in their name alone—e.g., “Martha Patterson” instead of “Martha Patterson and Husband Patterson”—those accounts will not automatically pass to the surviving spouse. This applies to bank accounts, retirement accounts, brokerage accounts, life insurance, and annuities.
Whether these assets transfer easily or require court intervention depends on two things:
Beneficiary Designations
If the account has a Pay-on-Death (POD) or beneficiary listed, you can usually access the funds 40 days after receiving the death certificate.
Account Value and Custodian Requirements
If the account exceeds $184,500, California law requires probate to transfer the asset.
Some financial institutions always require “Letters of Administration” regardless of the amount, meaning probate may still be necessary.
If your spouse has passed and left assets in their name, I can help you navigate the next steps. But if your goal is to make sure your spouse (or family) won’t have to go through probate when the time comes, let’s plan ahead.
Give me a call so we can ensure your estate is transferred smoothly—to who you want, how you want, with the fewest fees, delays, and hassles.
