Spousal Property Petition in California

A spousal property petition is a simplified court process used to transfer property to a surviving spouse. However, there must be documentation to support a surviving spouse’s claim that the real property is community property and that the surviving spouse is entitled to the deceased spouse’s share of the community property. Incomplete documentation can delay the process or require additional court proceedings.

When It Applies

• Property is community or quasi-community property
• One spouse has passed away

Benefits

• Faster than full probate
• Lower cost
• Court confirmation of ownership