Spousal Property Petition

When your husband, wife, or registered domestic partner passes away, you might assume you have to go through a long, expensive court process called probate just to put assets in your name.

Fortunately, California law offers a fast-track shortcut called a Spousal Property Petition. This is a simplified court process that allows a surviving spouse to officially clear title to property without going through the year-long traditional probate process.

If your situation qualifies, this shortcut saves you a massive amount of time, stress, and money. A standard California probate usually takes 9 to 12 months, but a Spousal Property Petition is often resolved in a single court date, usually within 40 to 120 days from the date a petition is filed.  

Traditional probate requires you to pay statutory fees to an attorney and an executor or administrator based on a percentage of the estate's total value. However, this spousal shortcut completely bypasses those mandatory fees, allowing the spouse to keep more assets.

Unlike formal probate, there also is no creditor waiting period in the administration, allowing the surviving spouse to obtain title to assets much quicker.

You cannot use this shortcut for every asset. It can only be used for property that legally belongs to you or was explicitly left to you, including community property whereby you claim the 50% owned by your now-deceased spouse, and separate property your spouse owned before you got married, or inherited personally, if they wrote a valid Will that specifically states that this property goes to you.

However, it is important to note that if your spouse passed away without a Will and owned separate property, California law dictates that this property must be split between you and their children or other relatives. In that case, you can only use this shortcut to claim your legal share, while the rest of your spouse’s assets may have to be administered via a formal probate.

Though it is a shortcut, it still requires dealing with the local court system. The process generally requires filing a formal petition with the probate court in the county where your spouse lived including descriptions and evidence that the alleged property you intend to inherit belongs to you, giving notice to heirs at law of the deceased and anyone else who may have been named in the decedent’s Will, a court hearing where parties may appear to object, and final transfer of title if and when the Court granted the petition.

Even though this process is simpler than standard probate, mistakes on court forms can cause delays or create major headaches when you try to sell your house later. It is highly recommended to speak with a probate attorney if you have confusion over the title listed on assets belonging to you and/or your spouse at the time of death, if you are part of a blended family, if your spouse had high debt(s), or if your spouse left a handwritten Will, or the wording is vague about what property actually belongs to you.

Losing a spouse is emotionally exhausting. You shouldn't have to stress over complicated court forms and legal jargon while grieving. Our legal team can review your assets, determine if you qualify for this fast-track shortcut, and handle all the paperwork for you.

Contact our office today to schedule a consultation and learn how we can help you secure your property quickly and affordably.