Do you have to remove a former spouse as a fiduciary? In California, you don’t have to go in and remove a former spouse as a fiduciary. Even if the spouse is listed in you will, if your marriage was annulled or you’ve gotten a divorce, your former spouse has no rights as a fiduciary. Actually, if you want your former spouse to still be listed as a fiduciary, you will need to express that desire in writing. So, once you are divorced or your marriage is annulled, they are no longer considered a “surviving spouse” for the purposes of probate by default.
Some are surprised that a legal separation doesn’t remove the person as a fiduciary though. This is because the rules for no longer being surviving spouse specifically say that a legal separation doesn’t actually remove the status of the couple as husband and wife for legal purposes.
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We are experts in the probate sale under the probate code and trust law. So, we know the California Probate Code. We won’t let you get lost in it. If you need a real estate agent in California specializing in probate, please contact us today! We are upfront and honest about the costs of probate. Everyone wants to know about probate fees, but no one wants to talk about them. We will though.
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