What is a Spousal Property Petition?
When a spouse or registered domestic partner passes away in California, their surviving spouse may be able to transfer certain assets without going through full probate by filing a Spousal Property Petition. This legal process is faster, simpler, and less expensive than probate, making it an essential option for those who qualify. In this guide, we’ll explain who qualifies, when to file, and how to complete the process.
What Is a Spousal Property Petition?
A Spousal Property Petition (SPP) is a legal procedure in California that allows a surviving spouse or registered domestic partner to establish their right to property that belonged to the deceased spouse. Instead of going through probate, this petition allows for a streamlined transfer of assets, saving time and costs.
Who Qualifies to File a Spousal Property Petition?
You may qualify to file an SPP if you meet the following criteria:
✔ You are the surviving spouse or registered domestic partner of the deceased.
✔ The property you are claiming was community property or separate property belonging to the deceased spouse.
✔ The property was not already held in a living trust or designated to another beneficiary (such as through a payable-on-death account or joint tenancy).
When to File a Spousal Property Petition
You should consider filing an SPP in the following circumstances:
The deceased did not have a living trust, and probate would otherwise be required to transfer assets.
You need to transfer ownership of real estate, bank accounts, or other titled assets to your name.
You are claiming your community property share of assets that were jointly acquired during the marriage.
You need to legally establish your right to the deceased spouse’s separate property (if left to you in a will).
How to File a Spousal Property Petition in California
Step 1: Complete the Necessary Forms
To begin the process, you must fill out Form DE-221 (Spousal or Domestic Partner Property Petition). This form requests information about:
The deceased spouse’s estate
The property to be transferred
The legal basis for your claim (such as community property laws or a will)
If real estate is involved, you may also need to prepare a Proposed Order (Form DE-226) for the court to sign.
Step 2: File the Petition with the Probate Court
File your Spousal Property Petition with the Superior Court in the county where the deceased spouse resided.
Pay the required court filing fee (varies by county).
Step 3: Notify Interested Parties
California law requires you to serve notice of the hearing to all interested parties, including heirs and beneficiaries.
A Notice of Hearing (Form DE-120) must be sent by mail at least 15 days before the court date.
Step 4: Attend the Court Hearing
A probate judge will review the petition to determine if the property transfer is valid.
If there are no objections, the court will sign the Spousal Property Order (Form DE-226) approving the transfer.
Step 5: Transfer Title to Property
For real estate, you will need to record the court order with the county recorder's office to update the title.
For bank accounts or other financial assets, present the court order to the institution to complete the transfer.
Benefits of a Spousal Property Petition
✔ Avoids full probate, saving time and legal expenses.
✔ Provides a quick and efficient way to transfer assets to the surviving spouse.
✔ Simplifies the legal process, especially for community property assets.
Need Help Filing a Spousal Property Petition?
While a Spousal Property Petition is less complicated than probate, mistakes in the process can lead to delays or legal issues. If you need assistance, our firm can guide you through the filing process, ensure all paperwork is correctly completed, and represent you in court if needed.
Contact us today to schedule a consultation and take the next steps in securing your property rights.
