Understanding the California Spousal Property Petition
Losing a spouse is one of the hardest things anyone can go through. Such a loss is overwhelming enough without having to worry about the probate process, which sometimes can be quite lengthy and costly. Fortunately, for surviving spouses in California, there is an effective option that is often overlooked. If you recently lost your spouse in California, you may qualify to transfer property through a Spousal Property Petition. This streamlined process can help you save time and money and reduce the stress that is often associated with full probate administration. Keep reading to learn more about California’s Spousal Property Petition.
What Is a Spousal Property Petition?
You can look at a Spousal Property Petition as a simplified probate procedure. Just like the name suggests, this tool is only meant for surviving spouses. However, in some cases, surviving domestic partners may also qualify to use this option. This tool is available under California Probate Code Sections 13500 – 13503. According to the law, if some or all of the decedent’s estate goes to the surviving spouse, it may be transferred without the full probate administration. Unlike a full probate, which can take several months or even years, a Spousal Property Petition is often resolved within weeks.
When Are Spousal Property Petitions Used?
In California, Spousal Property Petitions are appropriate in the following situations;
- Transferring Community Property: In California, community property is property that the spouses jointly owned during the marriage. Under California law, spouses are presumed to have an equal interest in community property. When one spouse passes away, their half needs to be formally transferred to the surviving spouse.
- Transferring Quasi-Community Property: This is out-of-state property that would be considered community property in California.
- Transferring Certain Separate Property: If separate property is left to a surviving spouse through a will or it is clear that the spouse has the right to inherit the property, a Spousal Property Petition can help transfer it.
Advantages of Spousal Property Petitions
So why choose this option? Filing a Spousal Property Petition offers several benefits, including;
- Faster Resolution: Whereas probate can take several months to over a year, a Spousal Property Petition can be resolved within 2 to 4 months.
- Reduced Costs: Attorney fees and court costs are not as much as those associated with a full probate.
- Offers Privacy: A Spousal Property Petition comes with less public disclosure than probate.
- Less Complexity: The procedures and requirements are simplified.
The Spousal Property Petition Process
Below are the main steps involved in the Spousal Property Petition process;
- Preparing Form DE-221 (Spousal or Domestic Partner Property Petition) and other required documentation, such as the death certificate and will.
- Filing with the court and paying the filing fee. The petition must be filed in the county where the decedent died.
- Notifying interested parties
- Getting a hearing date and attending the hearing
- Receiving the final order
Once the court confirms that the property belongs to the spouse, the judge will sign an order, which the spouse can then use to retitle assets.
Contact The Probate Guy
While simpler, it is not advisable to handle a Spousal Property Petition alone. Consulting a probate attorney is vital. An attorney can review your specific case and guide you through the legal process.
If you’re ready to get started, contact the skilled and dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=8.&title=&part=2.&chapter=1.&article=
