DE-221 - Spousal or Domestic Partner Property Petition (Probate—Decedents Estates)

Summary

Spousal or Domestic Partner Property Petition (Probate—Decedents Estates)

Text

Form ID: DE-221
Title: Spousal or Domestic Partner Property Petition (Probate—Decedents Estates)
Effective Date: 2014-01-01
Mandatory Form: yes
Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-221
Primary Download URL: https://www.courts.ca.gov/documents/de221.pdf
Form Detail Page:
Spousal or Domestic Partner Property Petition (Probate—Decedents Estates)
(DE-221)
Ask the court to decide that all or part of a deceased person’s estate does not have to go through the probate process because it belongs to the deceased person’s spouse or domestic partner.
Get form DE-221
Effective: January 1, 2014
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How-to instructions for Probate
PDF Text:
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.
Page 1 of 2
Form Adopted for Mandatory Use 
Judicial Council of California DE-221 
[Rev. January 1, 2014]
SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION 
(Probate—Decedents Estates)
Family Code, § 297.5; 
Probate Code, § 13650 
DE-221
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
      ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
ESTATE OF (Name):
DECEDENT
SPOUSAL DOMESTIC PARTNER PROPERTY PETITION
FOR COURT USE ONLY
CASE NUMBER:
HEARING DATE:
DEPT.: TIME:
1. 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. confirmation of property belonging to the surviving spouse or surviving registered domestic partner (Fam. Code, § 297.5, 
Prob. Code, §§ 100, 101).
c.
immediate appointment of a probate referee.
2. Petitioner is
a. surviving spouse of the decedent.
b. personal representative of (name): , surviving spouse.
c. guardian or conservator of the estate of (name): , surviving spouse.
d. surviving registered domestic partner of the decedent.
e. personal representative of (name): , surviving registered domestic partner.
f. conservator of the estate of (name): , surviving registered domestic partner.
3. Decedent died on (date):
4. Decedent was
a. a resident of the California county named above.
b. a nonresident of California and left an estate in the county named above.
c. 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.)
a. (Complete in all cases) The decedent is survived by
(1) no child. child as follows: natural or adopted natural, adopted by a third party.
no issue of a predeceased child. issue of a predeceased child.(2)
b. Decedent is is not survived by a stepchild or foster child or children who would have been adopted by
decedent but for a legal barrier. (See Prob. Code, § 6454.)
5. 
6. (Complete only if no issue survived the decedent. Check only the first box that applies.)
a. The decedent is survived by a parent or parents who are listed in item 9.
b. The decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9.
7. 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.
a.
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.
1

DE-221 [Rev. January 1, 2014] SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION 
(Probate—Decedents Estates)
Page 2 of 2
DE-221
ESTATE OF (Name):
DECEDENT
CASE NUMBER:
7. b. Attachment 7b contains the legal description (if real property add Assessor's Parcel Number) of the community or quasi- 
community property petitioner requests to be determined as having belonged under Probate Code sections 100 and 101 
and Family Code section 297.5 to the surviving spouse or surviving registered domestic partner upon the deceased 
spouse's or partner's 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.
8. There
exists does not exist a written agreement between the deceased spouse or deceased registered
domestic partner and the surviving spouse or surviving registered domestic partner providing for a non pro rata division of the 
aggregate value of the community property assets or quasi-community assets, or both. (If petitioner bases the description of the 
property of the deceased spouse or partner passing to the surviving spouse or partner or the property to be confirmed to the 
surviving spouse or partner, or both, on a written agreement, a copy of the agreement must be attached to this petition as 
Attachment 8.)
9. The names, relationships, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner 
of (1) all persons named in decedent's will and codicils, whether living or deceased, and (2) all persons checked in items 5 and 6
are listed below are listed in Attachment 9.
Name and relationship Age Residence or mailing address
10. The names and addresses of all persons named as executors in the decedent's will and any codicil or appointed as personal
representatives of the decedent's estate are listed below are listed in Attachment 10 none
11. The petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all persons 
interested in the trust who are entitled to notice under Probate Code section 13655(a)(2) are listed in Attachment 11.
12. A petition for probate or for administration of the decedent's estate
a.
is being filed with this petition.
b. was filedon (date):
c. has not been filed and is not being filed with this petition.
13. Number of pages attached:
Date:
(TYPE OR PRINT NAME)
 (SIGNATURE OF ATTORNEY)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
 (SIGNATURE OF PETITIONER)

Retrieval chunks

• #1

  Form ID: DE-221 Title: Spousal or Domestic Partner Property Petition (Probate—Decedents Estates) Effective Date: 2014-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-221 Primary Download URL: https://www.courts.ca.gov/documents/de221.pdf Form Detail Page: Spousal or Domestic Part…

• #2

  c. 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.) a. (Complete in all cases) The decedent is survived by (1) no child. child a…

• #3

  community property petitioner requests to be determined as having belonged under Probate Code sections 100 and 101 and Family Code section 297.5 to the surviving spouse or surviving registered domestic partner upon the deceased spouse's or partner's death, subject to any written agreement between the deceased spouse…