Last verified 2026-09-19; facts checked against the primary sources below
How do I file a spousal property petition in California?
Last verified: September 19, 2026
The short answer: A surviving spouse or registered domestic partner can file California form DE-221, Spousal or Domestic Partner Property Petition, to ask the Superior Court to confirm their existing share of community property and determine which part of the deceased spouse's property passes to them. This can avoid a full probate case when the ownership facts and succession rights support the petition. California Courts simplified-transfer guidance
The petition still requires a court filing and order. It is not the same as a small-estate affidavit, a joint-tenancy affidavit, or an automatic transfer of every asset owned during the relationship.
When does form DE-221 fit?
Start with the character and title of each asset, the will, and any marital or domestic-partnership agreement. California Courts says proof such as deeds and bank statements may be needed to show whether property is community property. California Courts guidance
| Situation | Starting point |
|---|---|
| Surviving spouse or registered domestic partner claims community property or property passing to them | Consider form DE-221 |
| Real property already held in joint tenancy | Use the joint-tenant affidavit route if its requirements fit |
| Real property titled in a trust | Confirm the successor trustee and the affidavit-of-death-of-trustee route |
| Qualifying California primary residence passing to another successor | Review the DE-310 succession petition |
| Ownership, marriage status, or succession rights are disputed | Resolve the dispute before relying on a simplified procedure |
A surviving spouse is not necessarily entitled to every asset. Separate property, a will leaving property elsewhere, agreements between spouses, beneficiary designations, and the way title is held can change the analysis.
What forms start the petition?
The Judicial Council publishes form DE-221. Fresno Superior Court's current probate form list identifies the usual statewide set as DE-221, DE-120 Notice of Hearing, and DE-226 Spousal or Domestic Partner Property Order. Fresno probate forms
| Form | Purpose |
|---|---|
| DE-221 | Identifies the petitioner, deceased spouse or partner, property, and requested determination |
| DE-120 | Gives notice of the hearing when required |
| DE-226 | Proposed order for the judge's determination |
Check the filing county's probate page for local attachments, e-filing rules, copy requirements, and proposed-order procedures. A statewide form does not eliminate local filing instructions.
What should I gather before completing DE-221?
- The marriage certificate or domestic-partnership record.
- The will and any codicils.
- Any prenuptial, postnuptial, or property agreement that affects ownership.
- Recorded deeds and current property-tax records.
- Bank, brokerage, retirement, and other account statements showing title and beneficiary information.
- A certified death certificate.
- A list separating community, quasi-community, and separate-property claims.
- The names and addresses needed for notice.
Use the estate inventory guide and worksheet to organize the assets before describing them in the petition.
Where do I file the petition?
File in the California Superior Court county that has proper authority over the deceased person's estate. Confirm the filing location and local probate instructions on the court's official website before submitting the packet.
The clerk assigns a case number and hearing information. Follow the court's instructions for notice, service, filing proof of notice, and lodging the proposed order. Do not assume that filing the petition alone changes title.
What happens after the order is signed?
Use a certified copy of the filed order with the institution or county recorder that controls the asset. Each recipient may require its own cover sheet, recording package, identity verification, or account paperwork.
For California real property, also check the separate assessor-reporting task. The BOE-502-D guide explains why a court order, a recorder filing, and a property-tax report are different steps.
How is this different from the other California transfer routes?
Use the California property-transfer-after-death map to compare DE-221 with joint tenancy, trust-title affidavits, DE-310, small-estate procedures, and formal probate.
This guide provides general California procedural information. Property characterization and inheritance rights can require advice from a California attorney.