SECTION 0: ELIGIBILITY SCREENING
A “No” or “Unsure” here is not a problem. These four questions tell us whether a Spousal Property Petition is the right tool for your situation or whether a different, equally routine procedure fits better. Answer them as best you can. If any answer gives us pause, we will call you and explain the alternatives — that conversation is part of the consultation, not an obstacle.
If yes or unsure, tell us what you remember — roughly when it was filed, in which county, and whether it was dismissed or dropped.
SECTION 3: THE MARRIAGE
Date of Marriage *
If you are not certain of the exact date, describe what you remember (month and year, or season and year).
Periods of Separation
Approximate dates of the separation, and whether you reconciled
Prior Marriages
Your prior marriages — for each, the approximate dates and how it ended (divorce, annulment, or death of the spouse)
The decedent's prior marriages — same detail
SECTION 4: MARITAL AGREEMENTS
SECTION 5: WILL AND TRUST
Names of the executors named in the will
Names of the beneficiaries named in the will
Living Trust
Describe them — approximate dates and what they changed, as best you know
SECTION 6: HEIRS AND PEOPLE ENTITLED TO NOTICE
Why we ask for all of this.
California requires that notice of the hearing be mailed to certain relatives of the decedent — and the law requires it even when those people inherit nothing at all. Listing someone here does not give them a claim on your property. Leaving someone out, however, can force the court to continue the hearing to a later date. This is a formality, but it is one the court checks carefully.
Children of the Decedent
Please list all children of the decedent — including children from a prior marriage or relationship, adopted children, and children born outside of marriage.
Children Who Died Before the Decedent
Their name, and whether that child left children of their own. If so, please give those grandchildren's names and addresses — they may be entitled to notice in their parent's place.
If the Decedent Had No Children
Surviving parents of the decedent — names and mailing addresses
If no surviving parents: brothers and sisters of the decedent — names and mailing addresses
Special Circumstances
Please tell us who, and which circumstance applies
Please tell us what you are concerned about
SECTION 8: OTHER COMMUNITY ASSETS
List everything, even small accounts.
A single petition can confirm all of your community property at once — not just the house. Every asset you list now is one you will not need a second court proceeding to reach later. If you are unsure whether something belongs here, list it and we will sort it out.
A note about beneficiaries. Anything with a named beneficiary — most life insurance, IRAs, 401(k)s, and accounts marked “payable on death” — generally passes directly to that person and does not go through this petition at all. Please still list them so we can confirm the designation is in place.
Anything Else
Anything else held in the decedent's name alone that we have not covered
SECTION 9: DEBTS AND CLAIMS
Please read this before answering — it is the most important section on the form.
Under Probate Code §§13550 and 13554, a surviving spouse who receives property through a Spousal Property Petition becomes personally liable for the decedent's debts , up to the value of the property received. And unlike a full probate, this procedure has no creditor claim cutoff — a creditor who surfaces two years from now can still pursue you.
For most families that is a fair trade for a faster, cheaper process. But where the debts are substantial, a full probate can actually protect you better by forcing creditors to come forward within a fixed window or lose the right entirely. Your answers here decide which route we recommend, so please be as complete as you can — including debts you are not certain about.
Credit cards and unsecured loans — creditor names and approximate balances
Unpaid income taxes or property taxes
Please tell us about this on the phone as well. The California Department of Health Care Services may assert an estate recovery claim to recoup benefits paid. There are significant exemptions — including one that protects a surviving spouse — but the claim has to be handled correctly and on time. This is not a reason to worry; it is a reason to call us before anything is transferred or sold.
Please describe it — court, case number, and the other party, if you know them
SECTION 10: PRIOR PROCEEDINGS
Which court, and the case number if you have it
Their name and firm, and whether they are still involved
Anything else you would like us to know
Before you send this.
Submitting this form does not create an attorney-client relationship. We will review what you send and contact you, but no representation begins until we confirm it with you in writing.
For that reason, please do not include anything you consider confidential until representation is confirmed in writing. If something feels too sensitive for this form, leave it blank and tell us in person or by phone instead.
You can submit this form with unanswered questions. We will follow up on anything we need.