There are several types of marital status: single, married, widowed, divorced, separated and, in certain cases, registered partnership. Widowed persons are persons whose marriage ceased to exist by death of one of spouses or by declaring a missing spouse dead respectfully.

What happens if your spouse dies and you are separated?

Your spouse may still inherit a part of your estate in California even if you are separated and not living together at the time you die. The California Probate Code, beginning with Section 6400, addresses how your property passes when you die without a will. Not having a will is called dying “intestate”.

What happens if your spouse dies and you are not on the deed?

If your husband died and your name is not on your houses title you should be able to retain ownership of the house as a surviving widow. If your husband did not prepare a will or left the house to someone else, you can make an ownership claim against the house through the probate process.