De 221 Form – Fill Out and Use This PDF

Enter the Attorney or Party Without Attorney (Name, State Bar number, and address), Telephone No., Fax No. (Optional), E-mail Address (Optional) and Attorney For (Name). FOR COURT USE ONLY.

Enter the Superior Court of California, County of, Street Address, Mailing Address, City and Zip Code and Branch Name.

Enter the Estate of (Name), Case Number, Hearing Date, Dept. and Time.

Petitioner (name): requests determination of property passing to the surviving spouse or surviving registered domestic partner without administration (Fam. Code, § 297.5, Prob. Code, § 13500) or confirmation of property belonging to the surviving spouse or surviving registered domestic partner (Fam. Code, § 297.5, Prob. Code, §§ 100, 101).

Immediate appointment of a probate referee.

Petitioner is the surviving spouse of the decedent, the personal representative of the surviving spouse, the guardian or conservator of the estate of the surviving spouse, the surviving registered domestic partner of the decedent, the personal representative of the surviving registered domestic partner, or the conservator of the estate of the surviving registered domestic partner.

Enter the date in Decedent died on (date). Mark that the decedent was a resident of the California county named in the County of box, or mark that the decedent was a nonresident of California and left an estate in the county named in that box. Mark intestate, or mark 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) mark no child, child natural or adopted, or child natural, adopted by a third party. (2) Mark no issue of a predeceased child, or issue of a predeceased child. Mark is or is not: the decedent is or 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.) 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, or the decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9.

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.

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.

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.

8. There exists or 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.

The names, relationships, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner are listed in Attachment 9 or are listed under Name and relationship, Age and Residence or mailing address. Those listed are (1) all persons named in decedent's will and codicils, whether living or deceased, and (2) all persons checked in items 5 and 6.

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 under 10, are listed in Attachment 10, or 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.

A petition for probate or for administration of the decedent's estate is being filed with this petition, was filed on (date), or has not been filed and is not being filed with this petition.

Enter the Number of pages attached.

For the attorney, enter the Date, (TYPE OR PRINT NAME) and (SIGNATURE OF ATTORNEY).

By signing you declare under penalty of perjury under the laws of the State of California that this form is true and correct.

For the petitioner, enter the Date, (TYPE OR PRINT NAME) and (SIGNATURE OF PETITIONER).