De 226 fillable form 2025

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The document DE-226 is a legal form used in the Superior Court of California for processing spousal or domestic partner property orders in probate cases. It outlines the necessary findings and orders regarding the decedent's estate, including the confirmation of property ownership for surviving spouses or registered domestic partners, notification requirements, and creditor protections. The form includes sections for court use, details about the decedent, and attachments for further information.

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Versions	Form popularity	Fillable & printable
2015	4.9 Satisfied (274 Votes)
2005	4.4 Satisfied (60 Votes)

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What is a spousal or domestic partner property order?

Spousal or Domestic Partner Property Order (ProbateDecedents Estates) (DE-226) States the courts decision (order) about whether 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.

When to use spousal property petition?

The Spousal Property Petition should be used when a decedents surviving spouse is named as beneficiary to any property. This is common when it comes to married couples. However, the probate process may still be required when there are other beneficiaries in question, such as children and other close family members.

How to file a spousal property petition?

How do I file a Spousal Property petition? Fill out and file form DE-221 explaining why the property belongs or should legally pass to the surviving spouse and describing the property. Attach a copy of the decedents Will (if there is a Will).

What is a spousal property petition?

A Spousal Property Petition is a legal tool used to transfer or confirm property to a surviving spouse. This allows the property to transfer without undergoing the full process of probate.

When a spouse dies, how does community property get divided?

California is a community property state, meaning that all assets and debts acquired during the marriage are considered jointly owned by both spouses. Upon the death of a spouse, the surviving spouse is entitled to retain their half of the community property.