When one spouse dies in a community property arrangement, what typically occurs to the property?

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In a community property arrangement, when one spouse dies, the property that has been acquired during the marriage is typically considered to be owned equally by both spouses. As such, upon the death of one spouse, the surviving spouse usually retains full ownership of the entire property. This principle is firmly rooted in the laws governing community property, which are designed to protect the interests of the surviving spouse by ensuring they do not lose their share of the jointly owned property.

This automatic transfer of ownership to the surviving spouse means there is usually no need for probate pertaining to that community property, allowing for a smoother transition and continuity of ownership. This is different from how properties may be treated under other ownership arrangements, such as joint tenancy or tenancy in common, where different rules may apply regarding inheritance and division of property.

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