Anything passing to a surviving spouse

A Spousal (or Domestic Partner) Property Petition asks the court for an order that administration of all or part of the estate is not necessary because the property passes to the surviving spouse or registered domestic partner (Probate Code §13650, Judicial Council form DE-221). It can also ask the court to confirm the survivor's own share of community property, and it has no dollar limit. It is one of the fastest, least expensive ways to confirm a surviving spouse's or partner's ownership.

But "one petition" is misleading. A spousal property petition is a court case. It has its own packet of forms, a mandatory notice step, in many courts a probate examiner who reviews your paperwork and posts correction notes, a hearing, and a signed order. Miss any one of these and the case can stall. Here is the whole thing.

A spousal property petition is a court case with its own packet, notice and hearing

It is rarely just the petition. A complete spousal property matter typically includes:

• DE-221 — Spousal or Domestic Partner Property Petition. The petition itself: it identifies the survivor, describes every asset, and states the basis you give for each (community, quasi-community, or the decedent's separate property passing to the survivor). The will, if any, is attached. The filing fee is $435 ($450 in Riverside and San Francisco).
• DE-120 — Notice of Hearing. Tells everyone the statute lists — each person named as executor in any will, all devisees and known heirs, and the others in §1220 — when and where the court will hear the petition. It must be delivered at least 15 days before the hearing (Probate Code §§13655, 1220), with a proof of service filed with the court.
• Probate examiner notes. In many courts, the court reviews your petition before the hearing and posts defects to cure with an amendment or supplemental declaration — on the court's timeline, not yours.
• DE-226 — Spousal or Domestic Partner Property Order. The order the judge signs confirming the property passes to the survivor. It is drafted in advance, and many courts ask for it before the hearing.
• Certified copies of the order. Keep two or three from the court clerk; for real property, a title company, bank or buyer may ask for one.

Many counties add their own local requirements on top — a probate case cover sheet and a certificate of assignment if you file at a branch courthouse.

The petition stalls on tracking, not on the idea

It isn't the idea that's hard — it's the tracking. A single spousal petition carries a 15-day notice period before a hearing date the court picks, examiner notes you have to watch for and clear on the court's schedule, strict rules about who must receive notice, and local court rules that differ county to county.

None of these individually fails the case — they continue it. A late mailing, a missed examiner note, a missing asset description, the wrong person served: each one can push the hearing to a later date. People typically do this once, in the middle of grief, with no calendar of the moving parts and no warning when one slips.

A registered LDA prepares, files and tracks the petition at your direction

You tell us how each asset is held, and we prepare the entire DE-221 packet as you direct and draft the DE-226 order up front. A registered California Legal Document Assistant files the petition, serves the Notice of Hearing on the people the statute lists, files the proof of service, monitors the probate examiner's notes and prepares the corrections you direct, submits the order, and — after the judge signs it — obtains the certified copies. An LDA is not a lawyer and does not give legal advice; if your situation needs one, your LDA will tell you.

You get one flat fee and a tracked process instead of a calendar of deadlines you didn't know existed. You can do it yourself; most people simply don't have the free time to chase court notes while grieving.

How it works

1. We prepare the petition (DE-221) as you directYou tell us how each asset is held — community, quasi-community, or the decedent's separate property passing to you — and we prepare the petition as you direct, attaching the will if there is one. If how an asset should be described is a legal question, that is the point to consult an attorney.
2. Your LDA files it; the court sets a hearingThe petition is filed with the superior court. The filing fee is $435 ($450 in Riverside and San Francisco). The court sets the hearing from its own calendar; no statute fixes that date.
3. We serve the Notice of Hearing (DE-120)At least 15 days before the hearing, notice goes to everyone the statute lists — each person named as executor in any will, all devisees and known heirs, and the others listed in Probate Code §1220 — by mail or another method §1215 allows. We prepare the notices and the proof of service.
4. We respond to the probate examiner's notesIn many courts, a probate examiner reviews the petition before the hearing and posts notes — a missing allegation, an unclear property description, a service defect. We prepare the amendment or supplemental declaration you direct before the hearing, so the case is less likely to be continued.
5. We prepare the proposed order (DE-226)The order the judge will sign is drafted in advance. Many courts ask for it to be submitted to the clerk before the hearing.
6. We track the case until it is heardFrom filing onward your LDA follows the case on the court's docket — the assigned date, any continuance, any response filed by someone who was served, and anything further the probate examiner posts. You see the current status and the next date on your case page rather than calling the court.
7. The hearing and signed orderUsually a single hearing, and in many courts unopposed petitions are granted on the tentative ruling without anyone appearing. Once the court is satisfied, the judge signs the Spousal or Domestic Partner Property Order (DE-226) and your LDA obtains the certified copy. An LDA is not a lawyer and cannot appear or argue for you — if the court sets a contested hearing or directs an appearance, we tell you at once, and that is the point to consult an attorney.
8. You keep certified copies of the order, and the matter is closedThe signed order confirms the property passes to you. Keep two or three certified copies from the court clerk; a title company, bank or buyer may ask for one. You get the signed order and the complete filed set, and the matter is closed on your case page.