Does the wife inherit everything if there is no will? 3 Answers as of January 03, 2012

Since California is a community property state, this answer is not a quick, simple answer. A wife inherits various community property from a husband who dies without a will ("intestate"). The treatment for a husband's separate property is different than the community property. If your husband owned the home in his name alone as community property, you would inherit it upon his death. Alternatively, if you owned it together as either community property or as joint tenants, then upon his death his share would pass to you and no probate would be necessary. If the home was owned as separate property, then the distribution becomes a bit more complex. Since you were married for 42 years, it is likely that your home was owned as community property and that you will receive his portion of the house.

No, probate is needed for all estates worth over $100,000.

If there is no will or trust, no, it does not all go to the spouse, one half does. If the estate is less than $100,000 of personal property, then it can be transferred without probate. A house valued at $400,000 will need to go through probate, whether or not there is a will. To avoid probate, you should consider a trust.