California > Judicial Council > Probate-Decedents Estates
Spousal Or Domestic Partner Property Petition (Probate Decedents Estates) DE-221 - California
| Spousal Or Domestic Partner Property Petition (Probate Decedents Estates) Form. This is a California form and can be used in Probate-Decedents Estates Judicial Council . |
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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Index No. FOR COURT USE ONLY DE-221 : Plaintiff(s) TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Calendar No. : : : : JUDICIAL SUBPOENA -against- FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: Defendant(s) : BRANCH . . . . . . . . . . . NAME:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ESTATE OF (Name): DECEDENT CASE NUMBER: HEARING DATE: DEPT.: TIME: THE PEOPLE OF THE STATE PARTNERYORK SPOUSAL DOMESTIC OF NEW PROPERTY PETITION TO requests 1. Petitioner (name): determination of property passing to the surviving spouse or surviving registered domestic partner without administration a. (Fam. Code, § 297.5, Prob. Code, § 13500). confirmation of property belonging to the surviving spouse or surviving registered domestic partner (Fam. Code, § 297.5, b. Prob. Code, §§ 100, 101). GREETINGS: immediate appointment of a probate referee. c. 2. Petitioner is WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before a. surviving spouse of the decedent. the Honorable at the Court b. personal representative of (name): , surviving spouse. located of (name): at County of guardian or conservator of the estate c. , surviving spouse. , on the day of , 20 , at o'clock in the noon, and at any recessed d. in room surviving registered domestic partner of the decedent. personal representative of give evidence as a witness in this action on the part of the registered domestic partner. , surviving e. or adjourned date, to testify and (name): conservator of the estate of (name): , surviving registered domestic partner. f. 3. Decedent died on (date): 4. Decedent was Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to a. a resident of the California county named above. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a b. a nonresident of California and left an estate in the county named above. your failure to comply.and a copy of the will and any codicil is affixed as Attachment 4c. c. result ofintestate testate (Attach copies of will and any codicil, a typewritten copy of any handwritten document, and an English Witness, Honorable translation of any foreign-language document.) , one of the Justices of the 5. a. (Complete in all cases) The decedent is survived by Court in no child. County, as follows:of day (1) child natural , 20 or adopted natural, adopted by a third party. (2) no issue of a predeceased child. issue of a predeceased child. b. Decedent is is not survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier. (See Prob. Code, § 6454.) (Attorney must sign 6. (Complete only if no issue survived the decedent. Check only the first box that applies.) above and type name below) a. The decedent is survived by a parent or parents who are listed in item 9. b. The decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9. 7. Administration of all or part of the estate is not necessary for the reason that all or a part of the estate is property passing to the Attorney(s) for surviving spouse or surviving registered domestic partner. The facts upon which petitioner bases the allegation that the property described in Attachments 7a and 7b is property that should pass or be confirmed to the surviving spouse or surviving registered domestic partner are stated in Attachment 7. 1 Attachment 7a contains the legal description (if real property add Assessor's Parcel Number) of the deceased spouse's a. or registered domestic partner's property that petitioner requests to be determined as having passed to the surviving Office and P.O. Address spouse or partner from the deceased spouse or partner. This includes any interest in a trade or business name of any unincorporated business or an interest in any unincorporated business that the deceased spouse or partner was operating or managing at the time of death, subject to any written agreement between the deceased spouse or partner and the surviving spouse or partner providing for a non pro rata division of the aggregate value of the community property Telephone No.: assets or quasi-community assets, or both. 1 See Prob. Code, § 13658 for required filing of a list of known creditors of a business and other information in certain instances. If required, include in Attachment 7a. Page 1 of 2 Family Code, § 297.5; Probate Code, § 13650 Form Adopted for Mandatory Use Judicial Council of California DE-221 [Rev. January 1, 2005] , Facsimile No.: E-Mail Address: SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION Mobile Tel. No.: (Probate--Decedents Estates) American LegalNet, Inc. www.USCourtForms.com ESTATE OF (Name): DECEDENT CASE NUMBER: 7. b. Attachment 7b contains the legal description (if real property add Assessor's Parcel Number) of the community or quasicommunity property petitioner requests to be determined as having belonged under Probate Code sections 100 and 101 and Family Code section 297.5 to the surviving spouse or surviving registered domestic partner upon the deceased spouse's or partner's death, subject to any written agreement between the deceased spouse or partner and the surviving spouse or partner providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. 8. 9. There does not exist a written agreement between the deceased spouse or deceased registered exists domestic partner and the surviving spouse or surviving registered domestic partner providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. (If petitioner bases the description of the property of the deceased spouse or partner passing to the surviving spouse or partner or the property to be confirmed to the surviving spouse or partner, or both, on a written agreement, a copy of the agreement must be attached to this petition as Attachment 8.) The names, relationships, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner of (1) all persons na
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