A spousal property petition in California is a streamlined court filing that lets a surviving spouse or registered domestic partner take legal ownership of a deceased spouse’s property without opening full probate. Under Probate Code section 13500, when a decedent’s property passes to the survivor by will or intestate succession, “no administration is necessary,” and the petition is how you get a court order making that transfer official.1California Legislative Information. California Probate Code 13500 It typically resolves in a few months rather than the year or more a formal probate often takes.
Who Can File
The surviving spouse or registered domestic partner is the person who files. Probate Code section 13650 also lets the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse file on their behalf if the survivor is incapacitated or has since died.2California Legislative Information. California Probate Code 13650 If the surviving spouse died before filing, their estate representative can still use the petition to establish what property belonged to the survivor so it flows into that person’s estate.
California defines “surviving spouse” to exclude anyone whose marriage was dissolved, annulled, or ended by a proceeding that terminated all marital property rights.3California Legislative Information. California Probate Code 78 A finalized divorce means no standing. Legal separation is not on that exclusion list, so a legally separated spouse may still qualify, though separation can affect how property is classified.
What Property the Petition Covers
The petition reaches three categories of property, and the category decides how much of it the survivor actually gets.
Community property. Most assets either spouse acquired during the marriage while living in California.4California Legislative Information. California Family Code 760 The surviving spouse already owns half. The decedent’s half belongs to their estate under Probate Code section 100.5California Legislative Information. California Probate Code 100 The petition does two things at once: it confirms the survivor’s existing half and transfers the decedent’s half when that half passes to the survivor.
Quasi-community property. Property the couple acquired while living outside California that would have been community property if they had been California residents at the time.6California Legislative Information. California Probate Code 66 A home a couple bought in another state before moving to California is the common example. It is treated the same as community property for petition purposes.
Separate property. Anything one spouse owned before marriage, plus gifts and inheritances received during marriage. The survivor has no automatic ownership stake. The petition can transfer separate property only if the decedent’s will leaves it to the surviving spouse or California’s intestate rules direct it there.1California Legislative Information. California Probate Code 13500
When There’s No Will
For community and quasi-community property, intestate succession sends the decedent’s half to the surviving spouse, so the petition is straightforward.7California Legislative Information. California Probate Code 6401
Separate property is where surviving spouses sometimes discover their share is smaller than they assumed. The surviving spouse inherits all of the decedent’s separate property only if the decedent left no children, parents, or siblings. With one child or that child’s descendants, the spouse gets half. With more than one child, the spouse’s share drops to one-third.7California Legislative Information. California Probate Code 6401 The petition can only move the portion that actually belongs to the survivor. Anything left over has to go through regular probate or another transfer process.
How to File
The petition goes on Judicial Council Form DE-221, Spousal or Domestic Partner Property Petition, filed with the probate clerk in the superior court for the county where the decedent lived.8California Courts. Spousal or Domestic Partner Property Petition (Probate – Decedents Estates) DE-221 The form asks for basic facts about both spouses, including dates of marriage, death, and residency, along with a detailed property inventory.
The inventory is the heavy part. Each asset needs a legal description. Real estate requires the full legal description from the deed and the Assessor’s Parcel Number. Financial accounts need account numbers and institution names. For every asset you must identify its property classification and state the legal basis for the transfer.9Judicial Council of California. DE-221 Spousal or Domestic Partner Property Petition
Attach a certified copy of the death certificate. If a will directs property to the surviving spouse, attach a copy, with a typewritten copy of any handwritten portions and an English translation of any foreign-language sections.9Judicial Council of California. DE-221 Spousal or Domestic Partner Property Petition
As of January 1, 2026, the filing fee for probate petitions in California is $435.10California Courts. Statewide Civil Fee Schedule Effective January 1, 2026 A fee waiver is available if you can’t afford it.
After filing, you must mail a copy of the petition and the hearing date to all heirs named in the petition and anyone mentioned in the will, at least 15 days before the hearing. The court won’t proceed without proof of proper notice.
The hearing is usually brief. If no one objects and the paperwork is in order, the judge signs the Spousal or Domestic Partner Property Order on Form DE-226, which is the legal document that transfers or confirms ownership. For real estate, record a certified copy of the order with the county recorder’s office where the property sits. For financial assets, a certified copy to the institution is usually enough to retitle accounts. If the court finds some property doesn’t qualify, that property is routed into regular probate instead.11Judicial Council of California. DE-226 Spousal or Domestic Partner Property Order
The Debts Come With the Property
Taking property through the petition does not wipe out the decedent’s debts. Under Probate Code section 13550, the surviving spouse becomes personally liable for those debts to the extent of the property received.12California Legislative Information. California Probate Code 13550
Liability is capped at the fair market value of the property that passes to the survivor, minus any liens or encumbrances already on it, and it applies to community property, quasi-community property, and separate property that transfers without probate.13California Legislative Information. California Probate Code 13551 You won’t owe more than the property is worth, but creditors can still come after you for debts you may not have known about. If the decedent ran an unincorporated business, the court may require the surviving spouse to post an undertaking to protect business creditors.11Judicial Council of California. DE-226 Spousal or Domestic Partner Property Order
When the Petition Isn’t the Right Tool
The petition is built for uncontested transfers. If another heir disputes the property classification or challenges the will, the court may decline to grant the order and send the matter to formal probate. The petition also won’t help when the decedent’s will leaves property to someone other than the surviving spouse and there’s no intestate property to claim.
The surviving spouse can also choose to send property through full probate instead of using the petition. Probate Code section 13502 permits that election, and it can make sense when the estate carries significant debts. Probate puts creditor claims on a structured timeline with defined deadlines. Outside probate, personal liability under section 13550 can leave the survivor exposed to claims that surface years later.14California Legislative Information. California Probate Code 13502
One boundary worth naming: the petition only reaches property that belonged to the decedent or was community property. Assets held in a living trust, property with a payable-on-death designation, and accounts with named beneficiaries pass outside this process and don’t belong in the petition at all.