Spousal Property Petition in California: How It Works

Dealing with the loss of a spouse is difficult. And when you add legal paperwork to the mix, it can feel even more overwhelming. If you’re handling your spouse’s estate, a spousal property petition in California can help simplify the process.

Instead of months of formal probate, this petition asks the probate court for one order that puts the property in your name. One filing. Usually one hearing. Here is what you need to know.

What Is a Spousal Property Petition?

The official name is the Spousal or Domestic Partner Property Petition — Judicial Council form DE-221 — filed under California Probate Code section 13650. Despite the everyday name, it covers registered domestic partners the same way it covers spouses.

The petition can ask the superior court for two kinds of orders:

• A determination that property passes to you without full estate administration, because you’re entitled to it as the surviving spouse.
• Confirmation of your existing ownership of your one-half share of community property, so the record is clean.

Most petitions ask for both in the same filing.

What Property It Covers

California law already favors the surviving spouse here. Under Probate Code section 13500, property that passes outright to a surviving spouse or registered domestic partner doesn’t require probate administration at all — the petition simply gets you the court order that banks, title companies, and county recorders want to see. That includes:

• Community property — assets acquired during the marriage, including the family home.
• Quasi-community property — property acquired while living in another state that would have been community property if acquired in California.
• Separate property left to you in your spouse’s will — and if there is no will, the share of separate property that passes to you under intestate succession.

What the petition does not cover is property that already transfers by itself: assets titled in a living trust, accounts with a beneficiary designation, or property held in joint tenancy with right of survivorship. Those pass outside the estate entirely.

Who Can File

Section 13650 allows the petition to be filed by the surviving spouse or registered domestic partner — or, if they can’t act, by the conservator or guardian of their estate, or by the decedent’s personal representative. You don’t need to wait 40 days, and you don’t need the estate to be under any dollar limit. There is no cap; the petition works for a $2 million estate as easily as a $200,000 one.

How the Petition Works, Step by Step

Filing a spousal property petition follows a defined court process. Here is what to expect:

• Draft the petition: Form DE-221 describes each asset, states the facts of the marriage or domestic partnership, and explains the legal basis — community property, the will, or intestate succession — for the property passing to you.
• File with the probate court: The petition is filed in the superior court of the proper county, with a $435 filing fee as of 2026. If a probate case is already open for the estate, the petition is filed inside that case with no additional fee.
• Give notice: A Notice of Hearing (form DE-120) goes to interested parties — the heirs, the beneficiaries named in the will, and the personal representative if one has been appointed. Each has the chance to object.
• The hearing: A judge reviews the petition, the supporting documents, and any probate notes from the court’s examiner. Uncontested petitions are often granted without argument.
• The order: The court signs the Spousal or Domestic Partner Property Order (form DE-226). Record a certified copy with the county recorder for real property, or deliver it to the financial institution holding an account. The property is yours to manage, sell, or refinance.

Plan for the paperwork trail: a certified copy of the death certificate, your marriage certificate or domestic partnership registration, and title documents for each asset.

What It Saves Compared to Full Probate

A routine spousal property petition typically resolves in two to four months with a single hearing. Full probate administration commonly runs nine months to a year and a half — with multiple hearings, a probate referee appraisal, and statutory attorney fees calculated on the estate’s gross value. On a $1,000,000 estate, those California probate fees run $23,000 per side.

A petition is a fraction of that, which is why it’s usually the first tool we check when a surviving spouse calls. Some firms quote full probate without ever mentioning this petition exists. Ask.

What to Keep in Mind

Even though this petition is far simpler than formal probate, a few things deserve attention:

• Other heirs can object. If children from a prior marriage or other beneficiaries dispute whether the property really passes to you, the hearing becomes contested — and preparation matters.
• Mixed estates need a plan. If part of the estate goes to you and part goes to others, the petition may handle your share while the rest still needs probate administration or another procedure.
• Characterization is the battleground. Whether an asset is community property or separate property decides who gets what. Title records, the will, and the timeline of the marriage all come into play.

When It’s Not the Right Tool

If the property was supposed to be in a living trust but never made it there, a Heggstad petition may fit better than a spousal petition. If the estate is contested, insolvent, or going partly to other beneficiaries, formal probate administration may be unavoidable for that portion. The right answer depends on how the assets are titled — which is exactly what we review first.

Get the Help You Need for Your Probate Issues

A spousal property petition helps surviving spouses and registered domestic partners claim property without going through the full probate process. It can save months of time and thousands in statutory fees, and it puts clean, recordable title in your name.

At California Probate, we prepare and file these petitions and handle the hearing for you. Schedule a free consultation and we’ll tell you in one conversation whether the petition fits your situation.