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  • Brianna Giliberto-Hermann

WHAT IS A SPOUSAL PROPERTY PETITION?

A Spousal Property Petition can be filed by a surviving spouse or registered domestic partner when the question is about title or ownership of property. There are three times this type of petition is appropriate when the surviving spouse can show entitlement to the asset because:

  • The asset was titled in "community property" (not specifying "with right of survivorship");

or

  • There is a will leaving all assets to the surviving spouse;

or

  • There was no will, but the deceased spouse's name is on the title, and the surviving spouse will receive the asset through intestate succession.

This is a simplified probate petition which requires only one hearing.​ The cost is a minimal flat fee.

To set up a free initial consultation, please call the office at 626-391-8277.

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