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DE-226Mandatory

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

California · Judicial Council of California · Effective January 1, 2015

This form is used by the court to issue an official order deciding if 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 domestic partner.

The court describes it as: States the courts decision (order) about whether 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

Judgment

Stage: Judgment

This form is used in a probate case to document the court's decision regarding property that passes directly to the surviving spouse or domestic partner.

Prepared by the court or clerk.

Official instructions

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

Common questions

What is this form for?
This form is used by the court to issue an order about whether certain property from a deceased person's estate does not need to go through probate because it belongs to the surviving spouse or domestic partner.
Who fills out this form?
The form is for the court to fill out, as it is a court order.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2015.

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