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=== Historical Background === | === Historical Background === | ||
United States probate law derived from English common law and from Spanish community property law, depending on the state. Under English common law, a married woman could only make a will of real property with her husband's consent or with an antenuptial contract. Under Spanish community property law, property acquired while married | United States probate law derived from English common law and from Spanish community property law, depending on the state. Under English common law, a married woman could only make a will of real property with her husband's consent or with an antenuptial contract. Under Spanish community property law, property acquired while married belonged equally to husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states. | ||
Probate matters for the original English colonies were handled under English law. The [[American Colonial Probate Records|American Colonial Probate Records]] article offers important sources for these colonial records. | Probate matters for the original English colonies were handled under English law. The [[American Colonial Probate Records|American Colonial Probate Records]] article offers important sources for these colonial records. | ||
=== Sources === | === Sources === | ||