Where are you in the process of getting probate opened?

The process has not been started yet. Due to the recent nature of the event we have not even gotten death certificates as of Friday to use to initiate the process. I will be scheduling a meeting with a lawyer to discuss these matters coming next week.

Assuming the surviving spouse is willing and is not being coerced to do so, she can sign away any interest in any inheritance if she so wishes. You all really need to be navigating this with an estate attorney though.

Well, she is not very communicative so i have 0 clue on what will happen next. She is also not very literate in any of these issues, be it any type of government paperwork, my brothers Va benefits & how they relate to her, and a myriad of other things. Not badmouthing her or anything, but she has barely a high-school education and speaks broken English. One of my worries on that front is that she gets taken advantage of by someone on the CA end of things.

Mostly just asking these questions to see if anyone has more information on due process and options than I've come across thusfar.