What Happens When Someone Passes Away Without a Will or Trust and the Spouse's Name is not on the Deed of the Property?

This is a complicated situation.  In this case, the spouse would need to file either a Probate spousal petition or a formal Probate petition.  If the spouse claims that the property is community property, the spouse would file the Probate spousal petition.  The spouse would then be awarded half the property as community property and the other half would be awarded pursuant to the Probate spousal petition.  Generally, this Probate takes less time than a formal Probate.  However, if the spouse does not claim the property as community property, then there would be a need for a formal Probate proceeding.