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Spousal Property Petition

Following the death of a spouse, a Spousal Property Petition can be used for the transfer of property to a surviving spouse without a full proceeding in Probate Court. Such petitions can be a good way to settle questions about ownership of property following the death of a spouse.

The Los Angeles probate lawyers at Howard Law understand the confusion and uncertainty the often accompany the death of a spouse. We encourage anyone attempting to settle an estate to seek qualified legal advice. Our experienced estate attorneys understand a lengthy probate process is not desirable but we have also seen the unintended consequences that can result when a spouse or loved one attempts to settle and estate on their own. Our estate attorneys offer no-hassle confidential consultations to discuss your estate issues in Los Angeles and the surrounding areas, including Riverside, Santa Ana and Anaheim.

A Spousal Property Petition may be filed by a surviving spouse, a representative of the estate of a surviving spouse in cases where the surviving spouse is also deceased, or a conservator of the estate of a surviving spouse. The form describes the property and details why it should legally pass to a spouse. The form is filed along with a copy of a decedent's Will and any agreement governing the property in question.

Again, filing a Spousal Property Petition regarding a claim of community property is often best left to an experienced attorney. Decades of law involving estate disputes and divorce have made the declaration and identification of community property a complex legal procedure. Additionally, an award of a spouse's property can also require you to assume liability for debts, which you might otherwise have not been obligated to pay.

After the petition has been filed with the court, a hearing date will be set to decide whether to grant or deny the petition. You must make sure the following people are notified at least 15 days prior to the hearing by providing them with a written notice of the hearing, either by mail or in person:

  • The estate's administrator or executor, in cases in which an estate has entered the probate process.
  • All heirs.
  • All persons with an interest in the estate or have asked for Special Notice.
  • The Attorney General of California.

You must complete a Spousal Property Order and provide it to the court clerk's office at least 4 days before the hearing. The judge will sign the order and return it to you if the petition is approved.

At Howard Law, our attorneys work daily with the beneficiaries of estates, both large and small, and believe everyone is entitled to high-quality legal advice when dealing with the complex matter of settling the estate of a spouse of loved one. Contact us today for a confidential consultation to discuss your case.

SPOUSAL PROPERTY PETITION - Call (800) 872-5925 - Howard Law