Скачать или смотреть California Spousal Property Petition Form DE-221

In this video, Albertson & Davidson attorney Keith Davidson takes you through how to fill out California Estate planning form DE-221.

This form is used to when a decedent dies holding property that belongs, in whole or in part, to a surviving spouse. The surviving spouse does not have to do a full-blown probate administration. Instead, they can file a spousal property petition, which is a much shorter and straight forward procedure. The petition will allow the surviving spouse to ask the court for two things: (1) confirmation of his or her own ownership over community property, and/or (2) transfer of the decedent's share of any community property or separate property due to the surviving spouse.

Time Stamps
0:00 Start
0:12 Introduction
0:53 Judicial Council Website
1:36 Form DE-221
1:38 Overall Purpose for Form DE-221
2:22 Caption Page
3:20 Filling in Court Information
3:45 Estate of and Hearing Date Information
4:20 Item 1, Property Passing to Spouse and Property Owned by Spouse
5:23 Item 2, What Relation is the Petitioner to the Decedent?
5:53 Item 3, Decedent date of death
6:05 Item 4, Residency of Decedent
7:10 Item 4, Intestate or Testate (Will or no Will)
8:45 Item 5, Family Members Who Survived Decedent
9:27 Item 6, Complete only if decedent had no issue (meaning children/grandchildren)
9:56 Item 7, the MOST IMPORTANT part of Form DE-221
10:10 Item 7a, List of Property belonging to decedent that passes to surviving spouse
10:44 Item 7b, List of Property belonging to surviving spouse
11:07 Item 8, Written Agreement between spouses
11:41 Item 9, List of All interested parties (for notice purposes)
12:24 Item 10, Other Interested parties from decedent's Will
12:51 Item 11, Property Passing to Decedent's Trust
13:51 Item 12, Petition for Probate (filed or not?)
14:35 Item 13, Attachments
14:49 Signing Form and Verification
15:45 Order for Spousal Property Petition
16:05 Form DE-226
16:16 Hearing Date and Time
16:35 Court Findings
16:56 Property Description
17:06 Undertaking (bond to secure creditors of the estate)
17:38 Order of property belonging to spouse and transferring to spouse
17:57 Property NOT passing to spouse remains part of the estate
18:30 Other Orders
18:50 Completed Spousal Property Petition