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How to File a California Spousal Property Petition

A California spousal property petition can transfer community and separate property to a spouse after death. If assets are not in the name of both parties, the court may need to confirm a spouse's right to the decedent's interest. A California spousal property petition will establish this spousal interest.

By Sandra McCarthy|April 19th, 2014|Categories: Probate, Estate Planning|Comments Off

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DISCLAIMER: A People’s Choice is a Registered Legal Document Assistant’s Office. We are not attorneys and cannot select legal forms. The information presented on our web site is general, factual, published information obtained from court provided self-help legal publications, legal statutes or other sources believed to be accurate and reliable. This information should not be considered legal advice as it is general in nature. It is always recommended to seek legal advice from an attorney before filing legal proceedings. Many attorneys offer free consultations.

A People's Choice Legal Documents Inc. Reg. LDA #121 Ventura Co.

Will Documents

Description of Will Documents (Notary fees additional)	Price
Will (individual)	$200
Codicil to Will	$125
Will package (individual) includes Will, Healthcare Directive and Financial Power of Attorney	$250
Will package (couple) includes 2 Wills, 2 Healthcare Directives and 2 Financial Powers of Attorney	$399
Other Services	Call for Quote

Trust Documents

Description of Trust Documents (Notary fees additional)	Price
Revocable Trust or Restatement of Revocable Trust (Individual) Trust or Trust Restatement only (you must have an existing revocable trust)	$300
Revocable Trust or Restatement of Revocable Trust (Couple) Trust or Trust Restatement only (you must have an existing trust)	$400
Revocable Trust or Restatement of Revocable Trust Package (Individual) Includes Trust, Pour-over Will, Certificate of Trust, Healthcare Directive, Financial Power of Attorney and estate folder	$499
Revocable Trust or Restatement of Revocable Trust Package (Couple) Includes joint trust, 2 Pour-over Wills, Certificate of Trust, 2 Healthcare Directives, 2 Financial Powers of Attorney and estate folder	$650
Special Needs Trust Designed for beneficiaries with physical or mental disabilities.	$700
Irrevocable Medi-Cal and/or VA Planning Trust	$700
Trust Transfer Deed and Preliminary Change of Ownership (California property)	$200 ($50 discount w/trust pkg)
Trust Transfer Deed (Out-of-State property)	$275 ($50 discount w/trust pkg)
Trust Transfer Deed (Timeshare)	$275 ($50 discount w/trust pkg)

Individual Estate Documents

Description of Individual Documents (Notary fees additional)	Price
Will	$200
Healthcare Directive	$125
Financial Power of Attorney	$125
Codicil to Will	$125
Trust Amendment	$200 and up
Trust Transfer Deed and Preliminary Change of Ownership (California property)	$200
Trust Transfer Deed (Out-of-State property)	$275
Trust Transfer Deed (Timeshare)	$275
Other Services	Call for Quote

Conservatorships Services We Offer	Price
Standard Conservatorship of Person AND/OR Estate (1 Petitioner) with or without Dementia Orders (Documents Only)	$1500
Limited Conservatorship for Developmentally Disabled (Documents Only)	$1200
Add-on Fees for Emergency Ex Parte Conservatorship (limited or standard)	+$450
Additional co-petitioner fee to any Conservatorship Petition	+$200
Add-on Fees for application for notice waivers and order	+$300
Add-on Fees for case management through Petition phase. Services include scheduling of any associated hearings, facilitating filing of documents with the court and other management services typically required to complete your Petition request	+$750
Standard preparation time is 10-14 business days. Rush preparation of all documentation is available for additional fee	$350+

Estate Administration Services	Price
Trust Administration (1 real property) each additional property +$200	$499
Probate Transfer by Affidavit (non-court, for estates with personal property only. This process cannot be used for estates with real property. Property must be valued under $166,250/$184,500)	$225
Simplified Probate Proceeding to Transfer Real Property Not Exceeding $55,425/61,000 (up to 2 Petitioners; 1 real property)	$649*
Simplified Probate Proceeding to Transfer Real Property Not Exceeding $166,425 (up to 2 Petitioners; 1 real property)	$799*
Spousal Property Petition (1 real property)	$749*
Heggstad Petition (1 Petitioner, 1 real property)	$1500**
No frills Probate Petition Documents Only for California Probate with Order of Probate and Letters of Administration or Letters Testamentary (document prep only with instructions. No court filing or additional support services.)	$750**
Phase 1 California Probate Petition (Full Service with court filing assistance, arranging publication, notices and case management) up to Order of Probate and Letters of Administration or Letters Testamentary	$1500**
Most Popular Full service, complete California Probate, facilitation of court filings, arranging publication, administrative notices, and ongoing case management services	$3900**
Probate Phase 2 or Phase 3 Full Service	$1500.00+/phase
Report of Sale and Petition for Order Confirming Sale Real Property (for matters with limited authority)	$1500.00 +costs
Notice of Proposed Action (up to 5 notices)	$250
Supplements to Petitions	$250 min. and up
Other Probate Services	Call for quote

*In these alternative small estate probate proceedings, if estate has more than 1 real property or 2 Co-Petitioners, additional fees will based on the following: +$75/each Petitioner over 2; +$150/each additional real property over 1. **In full probate proceedings, the following additional fees will apply, if applicable: +$250/each additional real property over 1; +$250/co-Petitioner; +$100/each beneficiary over 5. Fee covers all standard documents for routine proceeding but does not cover specialty services that may be required in some proceedings. Fees are based on all heirs waiving bond, waiver of accounting by all beneficiaries, and all creditors paid in full prior to filing Petition for Final distribution. Phase 3 Petition for Final Distribution may have add-on fees based on extraordinary actions or requests by the administrator prior to distribution. Annual surcharge fee of $500 will be assessed for each year or partial year the case remains open after 12 months.

Business Services We Offer	Price
General Corporation Includes standard minutes, bylaws, resolutions, stock certificates and corporate folder. Secretary of State fee: $100.00	$275
S-Corporation (Includes S-Corp election) Includes standard minutes, bylaws, resolutions, stock certificates and corporate folder. Secretary of State fee: $100.00	$310
LLC Includes Operating Agreement and corporate folder. Secretary of State fee: $70.00	$399
Professional Corp Includes Bylaws. Secretary of State fee: $100.00	$499
Non Profit Corporation Includes standard minutes, bylaws and corporate folder. Secretary of State Fee: $30.00	$499
501(C)(3) Non Profit Federal Tax Application	$599
Dissolve Corporation	$200
Walk Through Service with Secretary of State (turn around time 7-10 days)	$165
Registered Agent for Service (Annual) Click here to sign up.	$175
IRS S-Corp Election only	$50
Obtain Tax ID Number	$50
Statement of Information	$50
Fictitious Business Name Includes facilitating processing and publication (filing fee and publication fees vary from county to county).	$175
Basic Partnership Agreement	$300
Business Sales Agreement	$300
Copyright Standard Application	$150
Other Business Services	Call for Quote

Agreements	Price
Marital Settlement Agreement only	$275+
Stipulation and Order	$350+
Stipulation/Order with Paternity petition	$624
Pre or postnuptial Agreement (basic)	$299
Nuptial Agreement with complex, custom clauses	$999

Paternity Matters	Price
Paternity Petition only	$300
Stipulation and Order only	$350
Paternity Petition with Stipulated Judgment	$575
Paternity Petition with Request for Order/Motion for custody, visitation, support	$875

Marriage and Domestic Partnerships Proceedings	Price
Short term Marriage/Domestic Partnership (no personal property, children or real property)	$499
Marriage/Domestic Partnership with personal property (NO children, includes written Agreement)	$624
Marriage/Domestic Partnership with children (Includes written Agreement)	$624
Marriage/Domestic Partnership with 1 real property (Includes written Agreement	$775
Summary Dissolution (Please check qualifications for Summary Dissolution)	$499
Termination of Domestic Partnership through Secretary of State (Please check qualifications for Secretary of State procedure)	$499
Petition Only OR Response to Dissolution	$200-$300
Application to Serve by Publication	$275

NEW "DOCUMENTS ONLY" SERVICE for Marriage and Domestic Partnerships Proceedings. Budget option for documents only. Services do not include any case management or filing services.	Price
Preparation of standard dissolution or legal separation documents for short-term marriage or domestic partnership (no personal property, children or real property, with filing instructions). Includes all standard documents from Summons to Judgment.	$250
Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement (does not address any separate or community real property.)	$400
Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement which addresses separate or community real property division.)	$550

Motion/Contested Matters (does not include preparation of Orders After Hrg)	Price
Custody or Visitation Motion (RFO)	$475
Custody, Visitation and/or Support Motion (RFO)	$575
Emergency Custody or Visitation Motion (RFO) Includes request for temporary orders.	$900 min. (incudes RUSH processing)
Emergency Custody, Visitation, Support Motion Includes request for temporary orders.	$975 min. (includes RUSH processing)
Custody, Visitation and Support Motion with Paternity Petition	$875
Ex Parte to Terminate Child Support at 18	$250
Motion for Change of Venue	$575
Motion for Gillmore Election	$775
Other specialty motions	$575+ requires quote
Motion for Bifurcation and Final Judgment documentation	$825
Restraining Order- civil or domestic (no children)	$400 min.
Restraining Order (with children)	$575 min.

Guardianship Services	Price
Guardianship Affidavit or Power of Attorney (non-court)	$175
Guardianship of Person AND/OR Estate (1 Petitioner)	$1200
Add-on Fees for Co-Petitioners (per additional petitioner)	+$200
Add-on Fees for additional Minor(s) per minor	+$400
Add-on fees for Temporary ExParte Guardianship Request	+$300
Terminate Guardianship of Person and/or Estate	$399
Other Guardianship Services	Call for Quote

Expungement Services	Price
California Expungements	$399; +$200 ea. addtl. (same case #)
Felony to Misdemeanor reduction	$399
Criminal Prop 47 Resentencing or Reduction	$399; +$200 ea. addtl. (same case #)
Motion to Terminate Probation Early	$575
Petition to Seal Record	$499
Petition for Certificate of Rehabilitation	$399; +$50 each additional felony

Name Change Services	Price
Adult Name Change (individual)	$399
Combo Adult Name Change with 1 child – If more than one child, add $100.00 for each additional	$450
Name change for Minor Child – If more than one child, add $100.00 for each additional	$399
Name change after Divorce (Certified copy of Order extra)	$100

Title Transfers	Price
Grant Deed, Quitclaim Deed, Affidavit Death of Joint Tenant, Trust Transfer Deed, Transfer on Death Deed or other California deed Includes preparation of Preliminary Change of Ownership Report	$200
Warranty or Out-of-State Deeds (Non-California Deeds)	$275
Timeshare Deeds	$275

Other Matters	Price
Claim for Exclusion of Reassessment (parent/child or grandparent/grandchild)	$125 (discounted to $100 if prepared with deed)
Promissory Note secured by Deed of Trust	$325
Request for Special Notice re Deed of Trust	$125
Order copy of last transfer document/deed	$30

Civil Complaints and Answers	Price
Small Claims Package Includes preparation of claim, submission of documents to court, scheduling of hearing and arranging service of process	$250 plus $25 each defendant over 1
Civil Complaint Limited with 1 cause of action Each additional cause of action	$250 +$75
Response to unverified Civil Complaint with affirmative defenses	$250
Response to verified Civil Complaint with affirmative defenses	$350 (1 cause of action)

Other Civil and Misc. Matters	Price
Propounding Discovery Interrogatories, Request for Admissions, Production of Documents	$500 up
Responding to Discovery Interrogatories, Request for Admissions, Production of Documents	$500 up
Motion to Set Aside Default Judgment	$575
Civil Restraining Order	$499; $25 each addtl. protected person
Renew Judgment	$350
California Sister State Judgment	$300
Other Collection Proceedings	Call for quote
Expungement	$399
Other Services	Call for quote

Adoption Services We Offer	Price
Uncontested Stepparent Adoption - one minor child (for each additional minor child add $150)	$499*
Petition to Terminate Parental Rights of unknown father	$599
Petition to Terminate Parental Rights (Willful Failure to Support or Abandonment)	$599
Adult Adoption - 1 adoptor & 1 adoptee (add $150 if there are 2 co-adoptors)	$599
Independent Adoption	$650*
Other Adoption Services	Call for Quote

*Adoptions involving children with Native American ancestry will have higher fees.

Marriage and Domestic Partnerships Proceedings – (Full Service)	Price
Short term Marriage/Domestic Partnership (no personal property, children or real property)	$499
Marriage/Domestic Partnership with personal property (NO children, includes written Agreement)	$624
Marriage/Domestic Partnership with children (Includes written Agreement)	$624
Marriage/Domestic Partnership with real property (Includes written Agreement)	$775
Summary Dissolution (Please check qualifications for Summary Dissolution)	$499
Termination of Domestic Partnership through Secretary of State (Please check qualifications for Secretary of State procedure)	$499
Petition Only OR Response to Dissolution	$200-$300

NEW “DOCUMENTS ONLY” SERVICE for Marriage and Domestic Partnerships Proceedings. Budget option for documents only. Services do not include any case management or filing services.	Price
Preparation of standard dissolution or legal separation documents for short-term marriage or domestic partnership (no personal property, children or real property, with filing instructions). Includes all standard documents from Summons to Judgment.	$250
Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement (does not address any separate or community real property.)	$400
Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement which addresses separate or community real property division.)	$550

Motions	Price
Custody or Visitation Motion (RFO)	$475
Custody, Visitation and/or Support Motion (RFO)	$575
Emergency Custody or Visitation Motion (RFO) Includes request for temporary orders.	$875 min. (add $250 for 24 hr. RUSH preparation)
Emergency Custody, Visitation, Support Motion Includes request for temporary orders.	$975 min. (add $250 for 24 hour RUSH preparation)
Custody, Visitation and Support Motion with Paternity Petition	$875
Ex Parte to Terminate Child Support at 18	$250
Motion for Change of Venue	$575
Motion for Gillmore Election	$775
Other specialty motions	$575 + quoted on individual basis
Motion for Bifurcation and Final Judgment documentation	$825
Restraining Order (no children)	$400 min.
Restraining Order (with children)	$575 min.

Agreements	Price
Marital Settlement Agreement only	$300+
Stipulation and Order	$350+
Paternity petition with Stipulated Judgment	$624
Pre or postnuptial Agreement (basic)	$299
Nuptial Agreement with complex, custom clauses	$999

Grandparent Visitation	Price
Petition for Grandparent Visitation within existing Active Family Law Case	$850
Petition for Grandparent Visitation without Active Family Law Case	$1000

Misc. Documents/Services	Price
QDRO	$499
Joinder only	$350
QDRO with Joinder	$825
Preliminary or Final Disclosure Package	$375
Application and Order to Serve by Publication	$275
Guideline Support Calculations (3 report variations)	$150
Trial Brief for family law trial (summary of issues only)	$500 min. (depending on issues)

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