De 221 Form – Fill Out and Use This PDF

De 221 Form PDF Details

The California Spousal Property Petition allows a surviving spouse or registered domestic partner to request property determination and transfer without going through full probate administration. It is a Judicial Council of California form authorized under Family Code section 297.5 and Probate Code sections 13500 and 13650.

Who can file this petition:

• The surviving spouse of a California decedent
• A surviving registered domestic partner (per Family Code section 297.5)
• A trustee of a trust established by the decedent or the surviving partner

What the petition covers:

• Characterization of community and quasi-community property
• Confirmation of property rightfully passing to the surviving spouse or partner
• The decedent's residency, date of death, and testamentary dispositions
• Names and ages of surviving family members and heirs
• Creditor disclosures for any business interests of the decedent
• Request for immediate probate referee appointment, if required

Related forms: For a full estate administration, you may also need to file the DE-111 Petition for Probate. When the estate qualifies as a small estate under the California threshold, consider using the California Small Estate Affidavit as a simpler alternative. For real property transfers between spouses, the California Interspousal Deed may also be required alongside this petition.