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Q.How do I file a Spousal Property petition?
A.To file a spousal property petition, you must obtain, complete, and file Form DE-221 along with: (1) a copy of the decedent’s Will (if there is a Will) and/or (2) evidence proving the property in question is community property (e.g., a copy of the deed or a copy of a written, dated and signed agreement between you and your spouse).
When you file Form DE-221 with the supporting documentation, the Court Clerk will tell you the hearing date. At least 15 days before the hearing date, you must serve notice (via mail or in person via a process server) to the executor (or administrator) of the estate, all heirs of the deceased spouse, and all persons who have an interest in the estate and have asked for Special Notice (Probate Code Section 1250). At least 5 days before the hearing date, you must complete and file Form DE-226, Spousal Property Order, with the Court Clerk. Attach a note to Form DE-226 with the date of your hearing. At the hearing, the judge will decide whether to grant or deny your petition. If the Court approves the Petition, the judge will sign the Spousal Property Order, have the clerk file it, and give your conformed copies back to you.
Although you technically do not need a lawyer to perform this task, we strongly suggest you consult a local licensed Wills, Trusts, and Estate attorney to assist, if not handle, this process.
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