The passing of a spouse can create various legal consequences for the surviving spouse or domestic partner. In some cases, a deceased spouse/partner may leave the other spouse/partner property through a will or trust; in other cases, the surviving spouse/partner may get the title to the deceased’s property by operation of law. Generally, when someone dies, his or her estate is transferred to others, either by will or by the state’s intestacy laws, after the debts of the estate are settled. This is done through a legal process known as probate. In the case of a spouse/partner, he or she may be able to simplify this process by filing a California probate spousal property petition
Usually, any community property owned by a married couple automatically passes to the surviving spouse. In addition, a spouse may leave property to a surviving spouse by will. Even though the surviving spouse then owns the property, titles and other documents may need to be transferred. Filing a California probate spousal property petition is a helpful way to get a judicial recognition or confirmation of property ownership by court order, which designates the share of community or semi-community property the surviving spouse/partner owns, and the share of the deceased spouse’s/partner’s property belonging to the surviving spouse/partner. This order prevents the need to go through full probate proceedings.
The filing of a California probate spousal property petition is voluntary, and a surviving spouse/partner can choose not to file a spousal property petition, and go through full probate proceedings instead.
Who Can File a California Probate Spousal Property Petition?
There are only a few people who can file a spousal property petition. These are:
- The surviving spouse;
- The surviving domestic partner; and
- Representatives of the spouse/partner.
To start the filing, a surviving spouse/partner must fill out a form and file it with the clerk of the court. The spousal property petition is filed in the county in which the estate of the deceased spouse/partner is administered. When filing the form, you must attach the deceased’s will, if one exists, and any other agreements showing to whom the property subject to the petition belongs.
After you file, the court clerk will tell you your court hearing date. Due to the straightforward nature of the petition, it usually only takes one hearing to issue an order. For the hearing, you will need to give notice to certain people, such as the executor or administrator of the deceased’s estate, and any other beneficiaries. Depending on what the judge decides, you will receive an order from the court detailing the court’s findings about the property involved.
We Can Help File Your California Probate Spousal Property Petition
If you are considering filing a California probate spousal property petition to settle an estate in California and want to avoid the high cost of attorney’s fees, contact A People’s Choice for low-cost legal document assistance. Although we cannot give legal advice, A People’s Choice can help you in preparing all the required legal documents to help you settle the estate by filing a California probate spousal property petition without having to hire a lawyer.
If you need more information about California probate and the California probate spousal property petition process, do not hesitate to call our office. A People’s Choice has been providing self-help probate and other legal document services for over 35 years and has established an excellent reputation in the community. When you are ready to go ahead with your paperwork, information can be provided to us through our convenient online system, over the phone or in person.
A People’s Choice assists people needing to file a California probate spousal property petition in every probate court in California.