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Joint Bank Accounts Community Property in Ca?

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executorjoe

Junior Member
What is the name of your state? California

The will says, "my entire estate to my child". The decedent is in his 2nd marriage and wrote the will after he got married. Are Joint bank accounts community property in california? Does that mean 50% would go through probate. I think the accounts are Joint or Joint with survivorship. The bank said they could just switch the accounts to the spouses name and she could do whatever she wants with the money. Which has authority the will or the survivorship? There are also 2 cars in both names. Does this will even need to go through probate? or does it all go to the spouse anyway? thnx.
 


Dandy Don

Senior Member
The beneficiary designations always take precedence over the will. So sorry that the decedent didn't know this so he should have filled out a beneficiary designation form.

You need to be consulting with a local attorney to find out whether you should proceed with probate. What is the value of the cars if they were sold?
 

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