De 221 Form PDF Details

The DE-221 form, designated for spousal or domestic partner property petitions within the context of decedent estates, opens a vital pathway for the surviving spouses or registered domestic partners to request the determination and confirmation of property transition without the burdensome process of full administration. This document, intricately woven into California's legal fabric through references to both the Family Code (§ 297.5) and the Probate Code (§§ 13500, 13650), furnishes a detailed framework for petitioners to assert their rights over the decedent's estate. It navigates through various stipulations, ranging from property characterizations, the decedent's residencies, to the delicate delineations of assets passed or confirmed to the surviving member, underpinned by potential agreements concerning the non-pro-rata division of community or quasi-community assets. Furthermore, the DE-221 form extends to encapsulate essential information regarding the decedent's familial relations, testamentary dispositions, and existing or forthcoming estate administration petitions, all while emphasizing the necessity of disclosing creditor details for businesses involved. Through facilitating a focused approach to ascertain the estate segments rightfully belonging to or passing to survivors, the DE-221 form embodies a pivotal legal instrument, streamlining posthumous property disputes and administrative proceedings.

QuestionAnswer
Form NameDe 221 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namescommunity property spousal conset form, de 221 form, ca spousal property petition, spousal petition

Form Preview Example

DE-221

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FOR COURT USE ONLY

 

 

 

 

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):

 

CASE NUMBER:

 

 

 

 

 

 

 

 

 

 

 

DECEDENT

 

 

 

 

 

 

 

 

 

HEARING DATE:

 

 

 

 

 

SPOUSAL

 

DOMESTIC PARTNER PROPERTY PETITION

 

 

 

 

 

 

 

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.)

5. 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

no issue of a predeceased child.

 

 

issue of a predeceased child.

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.)

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 7a1 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 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

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.

b.

c.

is being filed with this petition. was filed on (date):

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)

DE-221 [Rev. January 1, 2014]

Page 2 of 2

SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION

(Probate—Decedents Estates)

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1. Complete your ca spousal property petition with a number of necessary blanks. Get all the necessary information and make sure there's nothing missed!

Writing section 1 of community property spousal conset form

2. The subsequent stage is to submit the following blanks: determination of property passing, Petitioner is, a b c d e f, surviving spouse of the decedent, surviving spouse surviving spouse, surviving registered domestic, Decedent died on date Decedent was, a resident of the California, testate and a copy of the will and, Complete in all cases The decedent, no child child as follows no issue, natural or adopted issue of a, natural adopted by a third party, is not survived by a stepchild or, and Complete only if no issue survived.

Stage no. 2 in completing community property spousal conset form

3. Completing Complete only if no issue survived, Attachment a contains the legal, Form Adopted for Mandatory Use, Judicial Council of California DE, Rev January, SPOUSAL OR DOMESTIC PARTNER, ProbateDecedents Estates, Page of, and Family Code Probate Code is essential for the next step, make sure to fill them out in their entirety. Don't miss any details!

Completing segment 3 of community property spousal conset form

Regarding Judicial Council of California DE and ProbateDecedents Estates, be sure you take another look in this current part. The two of these are thought to be the most important ones in the document.

4. Filling out ESTATE OF Name, CASE NUMBER, Attachment b contains the legal, DECEDENT, exists, does not exist a written agreement, There domestic partner and the, are listed below, are listed in Attachment, Name and relationship, Age, and Residence or mailing address is essential in the next part - be certain to don't hurry and fill out every blank area!

Completing part 4 in community property spousal conset form

5. Lastly, the following final portion is what you will need to finish before closing the form. The fields in question include the next: The names and addresses of all, are listed in Attachment, are listed below, none, The petitioner is the trustee of a, A petition for probate or for, has not been filed and is not, is being filed with this petition, was filed on date, Number of pages attached, Date, I declare under penalty of perjury, TYPE OR PRINT NAME, and SIGNATURE OF ATTORNEY.

was filed on date, are listed in Attachment, and SIGNATURE OF ATTORNEY inside community property spousal conset form

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