Spousal property petitions
When a married person or registered domestic partner dies in California, property passing to the surviving spouse often does not need a full probate. A spousal property petition (Probate Code section 13650) asks the court to confirm that property belongs to, or passes to, the surviving spouse.
When it fits
- The house or accounts were in the deceased spouse's name alone, or held as community property without right of survivorship.
- The will leaves the property to the surviving spouse, or there is no will and the property is community property.
- The survivor needs a court order the title company, bank, or brokerage will accept.
Why it is usually better than probate
There is one hearing instead of a supervised administration. There is no creditor claim period built into the process, no probate referee inventory of the whole estate, and no statutory percentage fee. Most petitions are resolved in a few months, depending on the court calendar.
What we need from you
- A certified death certificate
- The will, if there is one, and any premarital or postmarital agreement
- Deeds and recent statements for the property involved
- Names and addresses of the decedent's children and other heirs (they receive notice)
If both spouses' names were on the deed as community property with right of survivorship or as joint tenants, you may not need a petition at all. A simple affidavit recorded with the County Recorder may be enough. We will tell you which applies.
Talk it through before you file anything. A free 20-minute call is usually enough to tell you whether you need probate, a shorter court petition, or no court at all. Request a consultation or call [PHONE].