Assets that pass to a surviving spouse can be confirmed to the surviving spouse, through a petition process in probate court. This is not a full probate, and is called a “Spousal Property Petition”. This petition process usually takes around two months to complete, as opposed to around a year that is needed to complete a full probate. California Probate Code § 13500 provides for this petition process. The petition can be filed by a surviving spouse or surviving domestic partner. If a will exists, and the only beneficiary named in the will is the surviving spouse, then the property will pass to the surviving spouse. If the will lists other beneficiaries in addition to the surviving spouse, then only the property listed in the will that goes to the surviving spouse is subject to the petition. If there is no will, the community property can also be passed to the surviving spouse through the “Spousal Property Petition.” For the spousal property petition, the probate court will require that the probate form “1-DE-221, Spousal Property Petition”, be completed and signed by the surviving spouse. The petition will need to be supplemented with an explanation as to why the subject property should pass to the surviving spouse.
This information is not to be taken as legal advice, and you are encouraged to see your Walnut Creek Probate Attorney.
Michael J. Young
Walnut Creek, CA Probate Attorney
1931 San Miguel Dr. Ste., 220
Walnut Creek, CA 94596
925-256-0298
www.WalnutCreekElderLaw.com