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Spousal Property Petitions

Spousal or domestic partner property petition is where the surviving spouse or registered domestic partner collects the assets of the deceased partner without formal administration, namely probate. Prob C §§13500-13660.

This process can be utilized when a husband or wife dies intestate leaving property that passes to the surviving spouse under California’s intestacy laws, or dies testate and by his or her will devises all or a part of his or her property to the surviving spouse. Prob C § 13500. This aforementioned law also applies to registered domestic partners. Fam C § 297.5(c).

For questions about domestic partner and spousal property petitions, contact a San Francisco attorney at The Evans Law Firm at 415-441-8669 or 888-50-EVANS or to schedule a free initial consultation.

Oakland Attorneys, Representing Parties in Spousal and Domestic Partner Property Petitions

The surviving spouse or domestic partner must file a petition in the superior court in the county in which the decedent spouse’s or domestic partner’s estate may be administered. Prob C §13650; Fam C §297.5(c). A court hearing is set for the petition, and notice of the hearing is sent to everyone who is mentioned in the will (if there is one) and all of the heirs of the decedent. If the person complies with all the legal requirements for filing the petition, the Probate Court will sign an order confirming the transfer of the assets of the deceased partner to the surviving partner.

There is usually no testimony required and spousal property petitions are often on the court’s “pre-approved” list, meaning that unless someone asks that the case be heard, there will be no hearing and the court will sign the order. The spousal property order is then recorded with the County Recorder in each county in which the real property is located to put the surviving spouse’s ownership of the property on the public record. Copies of the order are also given to financial institutions and brokerages to clear up any ownership questions concerning other assets

Guidance on Intestacy Laws From Estate Planning Lawyers Serving Oakland and Other California Communities

Please call 415-441-8669 or contact our lawyers online via e-mail to schedule a free initial consultation to discuss filing domestic partner property petitions. We serve clients in Oakland and in communities throughout the Bay Area and Southern California.

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