Use of a Spousal Property Petition – Getting Your Deceased Spouse’s Property: The Easy Way (California)

1. What is the Spousal Property Petition?

The Spousal Property Petition is a simple, quick, and cheap way to legally confirm or transfer ownership of property from your deceased spouse to you.

• The Big Idea: Much of the property a married couple owns already belongs entirely to the surviving spouse. This petition is a way to get a judge’s official stamp of approval on that ownership so banks and title companies will recognize it.
• Why use it? It lets you avoid the long, stressful, and costly process of a full probate, which can take a year or more.
• The Law: This process is mainly covered in the California Probate Code, starting at Section 13500.

2. When Can You Use This Shortcut?

You can use the Spousal Property Petition to clear up the title (ownership) on many different kinds of assets, like your house, bank accounts, car, or stocks, in the following situations:

1. Community Property

• This is the most common reason. Community property is anything the couple earned or bought together while they were married (e.g., the family home, money in a joint bank account from their salaries).
• The Rule: In California, a surviving spouse automatically owns 100% of the community property. The petition just confirms this reality with a court order.

1. Separate Property

• Separate property is what the deceased spouse owned before the marriage or received during the marriage as a gift or inheritance.
• You can use the petition to transfer this property only if the deceased spouse left it to you in their Will.

1. No Will (Intestacy)

• If your spouse died without a Will, but the law says you are the sole heir (meaning you inherit everything), you can still use this petition to legally confirm the transfer of the assets to you.

3. When Can’t You Use It?

The shortcut is great, but it has limits. It is not suitable if:

• There is a fight. If other heirs, family members, or creditors are arguing about who gets the property, you’ll likely need a full probate.
• You’re not the only one. If the deceased spouse left the property to you and other people (like their children from a previous marriage) in their Will, this process won’t work for those shared assets.
• You need “Letters.” A full probate gives the executor special powers (called “Letters”) to sue people, manage a complicated business, or deal with many creditors. This petition doesn’t give you those formal powers.

4. How Does the Process Work? (5 Simple Steps)

The procedure is much simpler than a full probate.

• Step 1: Fill out the Paperwork
• Step 2: Tell Everyone (Official Notice)
• Step 3: Hearing
• Step 4: The Official Order
• Step 5: Get Title Transferred

5. Big Benefits of the Shortcut