Spousal petition 2026

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  1. Click ‘Get Form’ to open the spousal petition in the editor.
  2. Begin by filling in your contact information, including your name, address, and any optional details like fax number and email. This ensures that all parties can reach you easily.
  3. In the 'Petitioner' section, indicate your relationship to the decedent by selecting from options such as surviving spouse or registered domestic partner.
  4. Provide the date of death of the decedent and confirm their residency status in California. Attach any necessary documents if applicable.
  5. Complete sections regarding heirs and beneficiaries, ensuring you list all relevant individuals as required by the form.
  6. Detail any property that is being claimed under this petition. Attach legal descriptions and any agreements related to property division as needed.
  7. Review all entries for accuracy before signing. Use our platform’s features to save your progress or make edits easily.

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A spousal property petition is a simplified California probate procedure that allows surviving spouses to claim community property and certain separate property without full probate administration.
How long does the spousal property petition process take? Assuming that the petition hearing is set for 6 to 8 weeks and assuming there is one continuance of 6 to 8 weeks, the entire process from petition filing to issuance of a certified copy of a final order will take 3 to 5 months.
🔹 Primary Use: When the Spouse or Partner Is the Sole Beneficiary. This petition is most effective when the surviving spouse or domestic partner is entitled to all or nearly all of the decedents estate. This may occur: By Will if the decedent explicitly leaves all property to the spouse or domestic partner.
The First Step Toward an Immigrant Visa: Filing the Petition The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States.
A spouse petition is a request made by a U.S. citizen or legal permanent resident to the USCIS to bring their alien spouse into the United States and obtain permanent residence status for them (also known as a green card). This process is also commonly referred to as sponsorship.

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