Navigating the probate process can be overwhelming, especially after the loss of a loved one. For surviving spouses in Los Angeles, a spousal property petition can be a streamlined way to transfer certain property WITHOUT undergoing a full probate process. 

What is a Spousal Property Petition?

A spousal property petition is a legal tool available under California probate law that allows a surviving spouse or domestic partner to claim their share of the deceased’s property. It simplifies the transfer process by avoiding probate, which can be extremely lengthy and complex. The petition can:

  • Confirm ownership of property already belonging to the surviving spouse.
  • Transfer property from the deceased spouse’s estate to the surviving spouse.

This process is governed by California Probate Code Section 13650, which is specific to married couples and registered domestic partners.

Do I Need a Spousal Property Petition?

The spousal property petition is specifically designed for two types of people:

  • Surviving Spouses: Those who were legally married to the deceased at the time of their death.
  • Registered Domestic Partners: Individuals in a legally recognized domestic partnership in California.

This petition is especially relevant for those who:

  • Need to transfer title to real estate or other assets quickly.
  • Want to avoid the costs and delays associated with a full probate proceeding.
  • Have property held as community property or quasi-community property.
What are Spousal Property Petitions in Los Angeles Probate Law?

Why is a Spousal Property Petition Important?

The spousal property petition provides several critical benefits for surviving spouses and domestic partners:

  1. Saves Time: A spousal property petition is much faster than a full probate process, which can take months or even years.
  2. Cost-Effective: By bypassing the full probate process, surviving spouses can avoid court fees, attorney costs, and other expenses.
  3. Streamlined Process: The petition focuses on transferring property specifically to the spouse, which can reduce court involvement.
  4. Preserves Emotional Well-Being: During a time of grief, simplifying legal matters can help reduce stress and allow the surviving spouse to focus on healing.

Common Misconceptions About Spousal Property Petitions

  • It’s Not Automatic: While the process is simpler than full probate, it still requires court approval and the help of an estate lawyer.
  • Not Applicable to All Property: Only property that qualifies as community property, quasi-community property, or property explicitly bequeathed to the spouse in a will is eligible.
  • Requires Proper Documentation: Failure to provide sufficient evidence of ownership or marital status can result in delays or denial of the petition.

Come Talk to Us!

At Best Coast Estate Law, PC, our experienced probate attorneys, led by Brittany Britton, can help when you are going through the difficult loss of a loved one. Having a Los Angeles probate attorney on your side is crucial to determine the best course of action to make sure you get what you deserve.

Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Brittany Britton is licensed to practice law in the state of California only