DE-221 Spousal or Domestic Partner Property Petition
DE-221
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
CASE NUMBER:
ESTATE OF (Name):
HEARING DATE:
DECEDENT
DEPT.: TIME:
Petitioner (name): requests
a.
determination of property passing to the surviving spouse or surviving registered domestic partner without administration
(Fam. Code, § 297.5, Prob. Code, § 13500).
b.
c.
Petitioner is
Decedent died on (date):
Decedent was
a resident of the California county named above.
a nonresident of California and left an estate in the county named above.
intestate testate and a copy of the will and any codicil is affixed as Attachment 4c.
(Attach copies of will and any codicil, a typewritten copy of any handwritten document, and an
English translation of any foreign-language document.)
(Complete in all cases) The decedent is survived by
(1) natural or adoptedchild as follows:no child. natural, adopted by a third party.
(2) no issue of a predeceased child. issue of a predeceased child.
is is not survived by a stepchild or foster child or children who would have been adopted byDecedent
decedent but for a legal barrier. (See Prob. Code, § 6454.)
(Complete only if no issue survived the decedent. Check only the first box that applies.)
The decedent is survived by a parent or parents who are listed in item 9.
The decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9.
Attachment 7a contains the legal description (if real property add Assessor's Parcel Number) of the deceased spouse's
or registered domestic partner's property that petitioner requests to be determined as having passed to the surviving
spouse or partner from the deceased spouse or partner. This includes any interest in a trade or business name of any
unincorporated business or an interest in any unincorporated business that the deceased spouse or partner was
operating or managing at the time of death, subject to any written agreement between the deceased spouse or partner
and the surviving spouse or partner providing for a non pro rata division of the aggregate value of the community property
assets or quasi-community assets, or both.
a.
SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION
(Probate—Decedents Estates)
Family Code, § 297.5;
Probate Code, § 13650
Form Adopted for Mandatory Use
Judicial Council of California DE-221
[Rev. January 1, 2014]
1
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
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SPOUSAL
1
See Prob. Code, § 13658 for required filing of a list of known creditors of a business and other information in certain instances. If required, include in Attachment 7a.
7.
6.
a.5.
b.
, surviving registered domestic partner.
, surviving registered domestic partner.
surviving spouse of the decedent.
personal representative of (name):
a.
b.
c.
d.
e.
f.
a.
b.
Administration of all or part of the estate is not necessary for the reason that all or a part of the estate is property passing to the
surviving spouse or surviving registered domestic partner. The facts upon which petitioner bases the allegation that the property
described in Attachments 7a and 7b is property that should pass or be confirmed to the surviving spouse or surviving registered
domestic partner are stated in Attachment 7.
immediate appointment of a probate referee.
confirmation of property belonging to the surviving spouse or surviving registered domestic partner (Fam. Code, § 297.5,
Prob. Code, §§ 100, 101).
, surviving spouse.
, surviving spouse.
1.
2.
3.
4.
guardian or conservator of the estate of (name):
surviving registered domestic partner of the decedent.
personal representative of (name):
conservator of the estate of (name):
a.
b.
c.
DOMESTIC PARTNER PROPERTY PETITION
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