The Spousal or Domestic Partner Property Petition is a streamlined probate tool available in California to confirm or transfer property to a surviving spouse or registered domestic partner. This procedure, governed by Probate Code Sections 13500 to 13660, offers a simplified path that can, in many cases, avoid the need for full probate.
🔹 Primary Use: When the Spouse or Partner Is the Sole Beneficiary
This petition is most effective when the surviving spouse or domestic partner is entitled to all or nearly all of the decedent’s estate. This may occur:
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By Will – if the decedent explicitly leaves all property to the spouse or domestic partner.
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By Intestacy – if there is no will and the surviving spouse inherits all assets under Probate Code §§6401–6402.
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By Operation of Law – through joint tenancy, community property with right of survivorship, or designated beneficiaries (though these may not require court filings).
In such cases, this petition can help:
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Confirm the spouse’s 50% share of community or quasi-community property;
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Transfer the decedent’s share of community or separate property to the surviving spouse;
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Avoid a full probate while still obtaining a court order sufficient for title companies and financial institutions.
🔹 Secondary Uses: When More Than the Spouse Is Involved
Even if the spouse is not the sole beneficiary, the petition may still be useful:
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To confirm ownership of the surviving spouse’s community property share, even if the decedent left their share to someone else.
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When the spouse is entitled to a portion under the will and wants to obtain legal title to specific assets.
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To clear title to real property or resolve disputes about characterization (community vs. separate).
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Alongside a full probate proceeding, especially where other heirs or beneficiaries are also involved.
In these mixed-beneficiary cases, the petition is filed under the same case number as the probate petition but as a separate filing per Cal Rules of Ct 7.301.
🔹 Key Legal Requirements
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Separate Filing: Must be filed separately even if probate is pending (but under the same case number).
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Will Required: If the property passes by will, a copy must be attached (Probate Code §13651(b)).
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Property Listings:
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Attachment 7a: Lists decedent’s community and separate property.
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Attachment 7b: Lists spouse’s half of community property.
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Legal Descriptions: Real property must be described precisely with address, legal description, and APN.
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Written Agreements: Attach if distribution is based on a written spousal agreement (Probate Code §13651(c)).
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Heir Relationships: Must disclose relationship of all heirs and devisees (Probate Code §13651(a)(5)).
🔹 Practical Examples
Primary Situations:
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The decedent died intestate and the surviving spouse is the only heir.
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The will names only the spouse as beneficiary.
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The spouse needs to sell or refinance property titled solely in the decedent’s name.
Secondary Situations:
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The decedent left their half of community property to someone else, and the spouse seeks to confirm their own half.
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There is a dispute or unclear record about the property’s character.
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A financial institution requires a court order despite beneficiary designations.
📄 Final Thoughts
The Spousal or Domestic Partner Property Petition can be a powerful and efficient tool in California estate administration. When used properly, it allows surviving spouses to avoid the delays and costs of full probate while securing legal title and clarity over property rights.
However, when multiple beneficiaries or complex assets are involved, it may need to be paired with other probate procedures. Legal advice is recommended to determine if this path is right for your situation.
