What Is a Spousal Property Petition in California?

A Spousal (or Domestic Partner) Property Petition is a streamlined court procedure that lets a surviving spouse or registered domestic partner confirm and transfer property passing to them — without going through a full probate. It is one of the fastest and least expensive tools in California estate administration.

What it covers

The petition applies to property passing to the surviving spouse or partner, whether under a will or by law, including:

• The deceased spouse's half of the community property
• Separate property that the will (or intestate law) leaves to the surviving spouse
• Confirmation that the surviving spouse already owns their own half of the community property

Why it's so attractive

• No dollar limit. Unlike small-estate procedures, there is no cap on value. Even a large estate can use it, as long as the property is passing to the spouse.
• Much faster. Typically one petition and one hearing, often resolved in a couple of months rather than a year or more.
• No statutory percentage fees. It avoids the percentage-based attorney and representative fees that come with full probate.
• No bond, no inventory, no formal creditor period of the kind a full probate requires.

How it works

The surviving spouse files a petition describing the property and explaining why it passes to them. After a hearing — which the attorney typically attends — the court issues an order confirming or transferring the property to the surviving spouse. Real estate can then be re-titled, and accounts retitled or released, based on that order.

When it fits — and when it doesn't

The Spousal Property Petition is ideal when a married couple held assets together and everything is passing to the survivor. It's the classic, clean solution for that situation.

It may not be enough on its own when:

• A significant portion of the estate passes to people other than the spouse (for example, children from a prior marriage), or
• There's a genuine dispute about whether property is community or separate.

In a blended estate, it's sometimes possible to use a Spousal Property Petition for the spouse's share and another procedure for the rest. (See Probate vs. Spousal Property Petition.)

If you're a surviving spouse, we can quickly tell you whether a Spousal Property Petition will resolve the estate — and handle it start to finish, including if you've since moved out of state. Request a consultation.

Related Articles

• Probate vs. Spousal Property Petition in California
• What Is Summary Probate in California? Small-Estate Options
• What Is a Living Trust and How Does It Avoid Probate?

← Back to California Probate Guide

Frequently Asked Questions

What is a Spousal Property Petition used for? To confirm or transfer property passing to a surviving spouse or domestic partner without a full probate, including the decedent's share of community property.

Is there a dollar limit on a Spousal Property Petition? No. Unlike small-estate procedures, there is no value cap, as long as the property is passing to the surviving spouse or partner.

How long does a Spousal Property Petition take? Often just a couple of months — typically a single petition and one hearing, far faster than full probate.

Does a Spousal Property Petition avoid statutory probate fees? Yes. It avoids the percentage-based attorney and representative fees of a full probate.

Can I use it if some property goes to my children too? The petition handles the property passing to the spouse. If a meaningful share goes to others, a separate procedure may be needed alongside it.

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