Skip to main content

Spousal Property Petition

Home Spousal Property Petition

Spousal Property Petition

A Spousal Property Petition is a legal process in California that allows a surviving spouse (or registered domestic partner) to transfer certain property from a deceased spouse’s estate to themselves without going through a full probate process. It is a simplified and expedited procedure designed to save time, costs, and effort while ensuring that the surviving spouse receives the property they are entitled to under California law.

The petition is typically used when

  • The property in question is community property or quasi-community property acquired during the marriage.
  • The property is separate property that was explicitly left to the surviving spouse in the deceased spouse’s will or trust

Benefits of a Spousal Property Petition

  • Simplified Process: It avoids a lengthy probate proceeding, reducing stress and complexity.
  • Cost-Effective: Lower court and attorney fees compared to a full probate.
  • Quick Resolution: The process is much faster, often taking only a few months, compared to the year or more that probate can require.