Code, § 297.5, Prob. That heading is a lot, right? Proposed Part 3 would provide a new procedure called a “trustee property petition” for assets to pass without probate administration to the trustee of a decedent’s revocable trust if certain narrow requirements are satisfied. Sample Spousal Property Petition and Spousal Property Order are attached as Exhibits JBP 8 and JBP 9. Attachment 7.b. The petition contains information about the parties and a concise summary of the issues and relief requested. Spousal or Domestic Partner Property Petition . Spousal property petitions only work between a husband and a wife; not a trust. spousal property petition that, without a separate Probate Code Section 850 petition requesting a determination of the character of the property, the court does not have jurisdiction under only a spousal property petition to both confirm property belonging to the surviving spouse and determine the property passing to the surviving spouse. However, a spousal property petition does not work when there is a pour over will. A Spousal Property petition is a way to transfer or confirm property to a surviving spouse or registered domestic partner without a full probate proceeding. Code, § 13500). that is not determined to be property passing to the surviving spouse or surviving registered domestic partner under Probate Code section 13500, or confirmed as belonging to the surviving spouse or surviving registered domestic partner under Probate Code sections 100 and 101, shall be subject A Spousal Property Petition is filed separately from a Petition for Probate, even if they are filed at the same time. lists the surviving spouse's or registered domestic partner's one-half interest in community property that is the subject of the petition. 3100(a) may be appropriate if the property involved is either community property or jointly owned with the spouse. domestic partner by a “spousal or domestic partner property petition” without probate administration. In Arizona, that is what we call a petition for divorce for most types of marriages (non-covenant marriages). Supplement to Spousal/Domestic Partner Property Petition PRO 038 02/12 PC 13500 et seq. Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com 3. The Petition for Dissolution. (Fam. THE PEOPLE OF THE STATE PARTNERYORK SPOUSAL DOMESTIC OF NEW PROPERTY PETITION TO requests 1. In this case Mr. and Mrs. Smith have the standard pour over will to their trust. Yes, a petition under Probate Code Sec. It can usually be done with only one hearing in the court. When can a spousal property petition be used? The decedent’s community property goes to the surviving spouse, who may have to file a spousal property petition to establish ownership. The first requirement is, of course, that the decedent leaves a surviving spouse or domestic partner. It is a pretty quick petition and fairly routine when the property is titled in community property. If the decedent’s estate is not complicated, the petition can settle questions about title or ownership of property. 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