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Spousal property petition in California

A spousal property petition in California is the topic of this blog post. Assets inherited by a surviving spouse or registered domestic partner in California can be transferred with a simplified procedure known as a Spousal or Domestic Partner Property Petition.

Probate Code sections 13500 through 13660 govern the passage of property to a surviving spouse without administration. Because the standard proceedings for administration of an estate in California are very costly and take a minimum of 7-8 months in most counties, the spousal property petition is very advantageous and a useful shortcut.

The petition must be submitted to the probate court for approval, however the process is simple and much faster than regular probate. There is no limit on the value of property that can be transferred this way.

The spousal property petition may be filed even though no other proceedings for the administration of the estate are pending. However, if a standard probate proceeding has already been filed and is pending the petition may be filed in that proceeding and may request an order that administration of all or part of the estate is not necessary for the reason that all or part of the estate is property passing to the surviving spouse. See Probate Code § 13650.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

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*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit: http://freeweeklylegalnewsletter.gr8.com/

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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.










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