About Spousal or Domestic Partner Property Petition
Asks the court to confirm property belongs to, or passes to, the surviving spouse or registered domestic partner without full probate administration.
When you'd use it: Filed when property passes to a surviving spouse or domestic partner (Probate Code §13650).
Where to get the official form
The official version of Spousal or Domestic Partner Property Petition is published as a PDF by the California courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Verified official PDF
Download Spousal or Domestic Partner Property Petition (PDF) →
Source: courts.ca.gov
Link last checked: November 3, 2026
How to file Spousal or Domestic Partner Property Petition in California
- Step 1 — Confirm you have the correct formUse Spousal or Domestic Partner Property Petition (DE-221) when filed when property passes to a surviving spouse or domestic partner (Probate Code §13650). Double-check it's the right form for your situation — California probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Spousal or Domestic Partner Property Petition carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Spousal or Domestic Partner Property Petition to the probate court or county clerk handling the estate — usually in the California county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).