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Commonly Asked Questions about Legal Forms for Spousal Property Transfer

Spousal or Domestic Partner Property Petition (ProbateDecedents Estates) (DE-221) Ask the court to decide that all or part of a deceased persons estate does not have to go through the probate process because it belongs to the deceased persons spouse or domestic partner.
Heres a step-by-step look at the process of filing a spousal property petition in California: Fill Out Form DE-221. File Form DE-221 With Clerk. Notify Necessary Parties 15 Days Before Court Hearing. File a Spousal Property Order. Attend Court Hearing. Transfer of Property.
How long do you have to transfer property after death in California. In California, the law requires a 40-day waiting period after an individuals death before initiating property transfer. For detailed guidance, refer to California Probate Code sections 13100-13115.
To initiate the process, complete Form DE-221 and submit it to the probate division of your local California county courthouse. The form must describe the assets in question and present a compelling case for their transfer to the surviving spouse.
Below are steps to transfer real property out of a trust: Obtain the Death Certificate. Appraise the Property. Prepare an Affidavit of Death. Notify the County Assessor. Prepare a Trustees Grant Deed. Address Outstanding Liabilities. Notify Relevant Parties.
You can transfer property without opening probate if the estate is valued under a set amount. That amount changes every few years and is based on the year the person passed away. You can find the latest limits in Maximum Values for Small Estate Set-Aside Disposition of Estate Without Administration (form DE-300).
If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to you.