What is a Spousal Property Set Aside?

A spousal property set aside is a simplified procedure to clear title to a property passing from a decedent to a surviving spouse. It is applicable to community property and separate property of the decedent and is used in cases where the surviving spouse desires to clear marketable title to the property and to determine the value of the property so as to establish the surviving spouse's liability to creditors. Such a petition can only be filed by the surviving spouse (or registered domestic partner) and it is not available for property that is willed to someone other than the spouse.
 

Holly M. Nabiey
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Holly M. Nabiey is an estate planning attorney at Roberts & Associates.