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The surviving spouse has management and control of all property passing free of trust or any other qualified interest. Forty days after the death, the surviving spouse obtains full power to deal with the ex-community reality. (California Probate Code 13540). Personal property is not subject to the 40-day rule. If there are community securities registered in the name of the survivor alone, they may be controlled and managed by the survivor. Any claims can be made on the proceeds of the sale of such securities.
