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DE-221Mandatory

Spousal or Domestic Partner Property Petition (Probate—Decedents Estates)

California · Judicial Council of California · Effective January 1, 2014

This form is used to ask the court to decide that some or all of a deceased person's property does not need to go through the formal probate process because it belongs to the surviving spouse or registered domestic partner.

The court describes it as: Ask the court to decide that all or part of a deceased person’s estate does not have to go through the probate process because it belongs to the deceased person’s spouse or domestic partner.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Start a case

Stage: Start a case

This form is used when someone believes that property belonging to a deceased person should pass directly to the surviving spouse or registered domestic partner, avoiding the usual court process for estates.

Usually filed by the person starting the case.

Official instructions

How-to guides published by the court for this form.

Common questions

Who fills out this form?
The petitioner fills out this form, who is the person asking the court for the determination. The petitioner can be the surviving spouse, a personal representative, or a guardian/conservator. Great care must be taken to fill out all required sections. The form also has sections for the attorney or party without an attorney. The form is for the court to use. The form is for the court to use. The form is for the court to use.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2014.

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