Skip to content
  • Latest
2024 Success Stories
  • Call Today: 310.444.9060
  • Probate Services
    â–¼
    • Trust & Will Disputes
    • Fiduciary Misconduct
    • Property Disputes
    • Elder Financial Abuse
    • Trust & Estate Administration
    • Conservatorship
    • Guardianship
    • Probate Appeals
  • Who We Help
    â–¼
    • Executor / Administrator
    • Trustee
    • Beneficiary
    • Spouse
    • Power of Attorney
    • Conservator
    • Guardian
    • Creditor
  • Our Firm
    â–¼
    • Attorneys
    • Staff
    • Careers
    • 10th Anniversary
  • Learn
    â–¼
    • Blog
    • Case Studies
    • Newsletters
    • Testimonials
    • Whitepapers
  • Request a Consultation
  • Probate Services
    • Trust & Will Disputes
    • Fiduciary Misconduct
    • Property Disputes
    • Elder Financial Abuse
    • Trust & Estate Administration
    • Conservatorship
    • Guardianship
    • Probate Appeals
  • Who We Help
    • Executor / Administrator
    • Trustee
    • Beneficiary
    • Spouse
    • Power of Attorney
    • Conservator
    • Guardian
    • Creditor
  • Our Firm
    • Attorneys
    • Staff
    • Careers
    • 10th Anniversary
  • Learn
    • Blog
    • Case Studies
    • Newsletters
    • Testimonials
    • Whitepapers
  • Request a Consultation
  • Probate Services
    • Trust & Will Disputes
    • Fiduciary Misconduct
    • Property Disputes
    • Elder Financial Abuse
    • Trust & Estate Administration
    • Conservatorship
    • Guardianship
    • Probate Appeals
  • Who We Help
    • Executor / Administrator
    • Trustee
    • Beneficiary
    • Spouse
    • Power of Attorney
    • Conservator
    • Guardian
    • Creditor
  • Our Firm
    • Attorneys
    • Staff
    • Careers
    • 10th Anniversary
  • Learn
    • Blog
    • Case Studies
    • Newsletters
    • Testimonials
    • Whitepapers
  • Request a Consultation

Home » Blog » California Probate Homestead Exemption Law: Minor Children & Spousal Rights After Death in California

Last Updated: August 20, 2024

California Probate Homestead Exemption Law: Minor Children & Spousal Rights After Death in California

Search

Following a death in the family, the last thing a surviving spouse and minor children want to face is the possibility of losing the family home. Fortunately, a California law known as the Probate Homestead Exemption allows certain family members to remain in the family home following such an event, even if the deceased spouse passed without a will or left the property to someone else.

The Probate Homestead Exemption

Many people believe that when a spouse dies, the family home is automatically transferred to the surviving family members. Unfortunately, this is not always true. Situations frequently arise in which a non-family member is legally entitled to the family home. For example, a common situation in which property may pass to someone other than a current family member is when the deceased spouse executes a will leaving assets to persons other than those who are living in the family home. Another common situation in which someone other than a surviving family member may be entitled to the family home is when a spouse dies without a will, where the family home was the deceased spouse’s separate property and the heirs are the decedent’s siblings. Finally, a creditor who is owed money from the deceased spouse may be able to compel the sale of the property to receive payment of its debt.

Luckily, California’s Probate Homestead Exemption provides certain surviving family members with a way to remain in the family home, even in situations such as those described above. This exemption permits California courts, upon petition by the decedent’s surviving spouse, registered domestic partner, or minor children to remain in the family home following the death of a spouse. There is one caveat, though: the right to use the homestead ends upon the death of the surviving spouse or, in the case of minor children, when the children reach legal adulthood.

If you are facing the loss of your home following the death of a spouse, it is essential that you consult with an experienced probate attorney in Los Angeles such as the highly reputable professionals at Keystone Law Group, P.C. Our attorneys take pride in guiding our clients through each step of the probate process and reaching a successful outcome. For further information or to schedule an appointment, please contact us at 310-444-9060 or visit www.Keystone-Law.com.

Share Post
PrevPreviousHow to Locate Missing Heirs and Beneficiaries in California
Read NextFamily Allowance: Rights of Spouses and Minor Children in CaliforniaNext

Related Articles

Businessperson analyzing document at desk. Close-up of a professional auditor or lawyer reviewing a lengthy paper report in office setting
Can Creditors Go After a Trust Without a Probate Proceeding?
Read More
shutterstock_2304763731-cropped
2024 Success Stories
Read More
Signing contract and buying agricultural machines and farming equipment
Restoring Ownership of Home — and Justice — for Financially Exploited Elder
Read More
Close up of hands using phone
Shutting Down a Scandal: Protecting a Son’s Legacy From Influencer’s Social Media Attacks 
Read More
talking with trustee
Keeping the Peace in Decades-Old Family Feud
Read More
senior caucasian man open mail letter sign contract document at home
Securing Multimillion-Dollar Settlement for Nephew of Hollywood Icon Without Litigation
Read More
Angry neighbours having argument near fence outdoors
Using a Summary Judgment Motion to Shut Down a Baseless Trust Dispute
Read More
Contract, signature and attorney consulting a client in his office with legal paperwork or agreement
Safeguarding Daughter’s Inheritance From Trust Mismanagement
Read More
Contesting a Life Insurance Beneficiary: Rules to Know
Read More
Subscribe to The Keystone Quarterly  

Stay up to date with the latest news in the exciting world of probate law through our quarterly newsletter, The Keystone Quarterly. 

Each issue provides insight into the latest probate developments, delves into some of Keystone’s more interesting cases, and gives important updates about our firm. The Keystone Quarterly is a must-read for attorneys and clients alike.

Linkedin Instagram Facebook
Contact
  • 11300 West Olympic Blvd.
    Suite 910
    Los Angeles, CA 90064
  • 310.444.9060
Contact Us
Linkedin Instagram Facebook
Company
  • Our Firm
  • Attorneys
  • Staff
  • Careers
  • 10th Anniversary
Probate Services
  • Trust & Will Disputes
  • Fiduciary Misconduct
  • Property Disputes
  • Elder Financial Abuse
  • Trust & Estate Administration
  • Conservatorship
  • Guardianship
  • Probate Appeals
Who We Help
  • Executor / Administrator
  • Trustee
  • Beneficiary
  • Spouse
  • Power of Attorney
  • Conservator
  • Guardian
  • Creditor
Learn
  • Blog
  • Case Studies
  • Newsletters
  • Testimonials
  • Whitepapers
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
  • Sitemap
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
  • Sitemap

©2025 Keystone Law Group, P.C. All rights reserved.

This website is for general information purposes only and is not intended to constitute legal advice. Connection to this website, and communication to this law firm via email or other electronic transmission do not constitute an attorney-client relationship with Keystone Law Group, P.C. unless a separate written agreement is signed by you and Keystone Law Group, P.C. as to the nature of any relationship and the amount to be charged for the intended legal services.

Manage Cookie Consent
We use technologies like cookies to store and/or access device information. We do this to improve browsing experience and to show personalized ads. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
Manage options Manage services Manage {vendor_count} vendors Read more about these purposes
View preferences
{title} {title} {title}