Yes, you can transfer a deceased spouse’s or registered domestic partner’s property in California without full probate by filing Judicial Council Form DE-221, the Spousal or Domestic Partner Property Order. This single court order, signed by a probate judge, confirms which assets pass to you outright under California Probate Code §§ 13500–13660.
The problem most surviving spouses face is that banks, title companies, and brokerages will freeze accounts and refuse to retitle property until they see a court order. Filing DE-221 (paired with the DE-220 Petition and the DE-226 Attachment) cuts months off the timeline and avoids the cost of full administration.
According to the Judicial Council of California’s 2024 Court Statistics Report, more than 38,000 spousal property petitions are filed each year, and roughly 92% are granted at the first hearing when the paperwork is correct.
Here is what you will learn in this guide:
- 📋 How to fill out every line of Form DE-221 without missing a checkbox
- ⚖️ The difference between the §13500 pass-through and the §13650 confirmation routes explained at a California Courts self-help page
- 🏠 Three real scenarios with named people showing community, separate, and mixed property outcomes
- 🚫 Seven common mistakes that get petitions denied or continued
- 🗂️ County-specific filing quirks for Los Angeles, Orange, San Diego, and San Francisco courts
What Form DE-221 Actually Does
Form DE-221 is the order that a California probate judge signs after reviewing your DE-220 Petition. The order is the document that banks, county recorders, the DMV, and brokerage firms accept as proof that you now legally own the property your spouse or registered domestic partner left behind. Without this signed order, no third-party institution will retitle real estate, vehicles, or accounts into your sole name.
The plain-English purpose is simple: it tells the world the court has confirmed your ownership. The legal authority comes from Probate Code §13656, which requires a written court order before title can transfer under the spousal property procedure. Once signed and certified by the clerk, the order has the same effect as a deed, an assignment, or a stock power.
The consequence of skipping DE-221 and trying to retitle property informally is severe. A surviving spouse who forges a signature, uses a power of attorney that died with the decedent, or relies on a small-estate affidavit when the asset exceeds the $184,500 threshold under §13100 can face civil liability and criminal charges under Probate Code §13110.
A common misconception is that DE-221 only covers community property. The form actually covers both community property that passes outright under §13500 and separate property that passes by will or intestacy under §13650, and you check different boxes for each.
A real-world example helps. Maria Gutierrez in Long Beach lost her husband Hector in March 2026. Their Signal Hill home was held as community property with right of survivorship, but their Schwab brokerage account was titled in Hector’s name alone. Maria filed one DE-220 petition, attached a DE-226, and the judge signed a single DE-221 order confirming the home passed to her outright under §13500 and the brokerage passed to her as Hector’s sole devisee under §13650.
When You Can Use the Spousal Property Procedure
You can use this procedure when the decedent was legally married or in a registered domestic partnership at the time of death. The surviving partner must be the petitioner, and the property must either be community property passing to the survivor or separate property passing to the survivor by will or by intestate succession. There is no dollar limit on the value of property that can pass through DE-221, which is the single biggest advantage over the small-estate affidavit under §13100.
You cannot use this procedure when the decedent left property to anyone other than the surviving spouse or partner without also opening a regular probate. You also cannot use it for property held in a living trust, because trust assets pass under the trustee’s authority in Probate Code §16200, not through court order.
The consequence of filing the wrong procedure is wasted filing fees and lost time. Each California superior court charges a $435 filing fee under Government Code §70650, and that fee is non-refundable if the judge denies the petition for being procedurally improper.
A common misconception is that putative spouses (people who reasonably believed they were married but were not) cannot use this procedure. The California Supreme Court in Estate of Leslie (1984) 37 Cal.3d 186 confirmed that a putative spouse has the same right to file under §13650 as a legal spouse.
A real-world example: David Chen in Cupertino was registered as a domestic partner with his late partner Robert. Their Tesla, their Mountain View condo, and Robert’s separate-property Vanguard IRA all passed to David through one DE-221 order, even though only the condo was community property.
The Three-Form Filing Package
Most surviving spouses are surprised to learn that DE-221 never travels alone. You must file a packet of at least three Judicial Council forms together, and skipping any one of them will cause the clerk to reject your filing or the judge to continue the hearing.
Form DE-220 — The Petition
Form DE-220 is the Spousal or Domestic Partner Property Petition. This is where you tell the court who died, when, where, what they owned, and why it should pass to you. The petition must be verified, meaning you sign under penalty of perjury under Code of Civil Procedure §2015.5.
The consequence of an unverified or incomplete petition is automatic rejection at the clerk’s window. Jennifer Park, a surviving spouse in San Jose, learned this the hard way when her petition was bounced three times for a missing date of marriage in item 7.
A common misconception is that you can attach a will later. The will, if any, must be lodged with the court at the same time you file DE-220 under Probate Code §8200.
Form DE-226 — The Attachment
Form DE-226 lists each individual asset and the legal reason it passes to the survivor. You complete one DE-226 for each separate asset or, more commonly, list multiple assets on one continuation page. The attachment is what the bank or title company actually reads to confirm the chain of ownership.
The consequence of vague descriptions on DE-226 is that the recording office will reject the certified order. A description like “house in Pasadena” will not work; you need the full legal description from the deed, including the Assessor’s Parcel Number.
Form DE-221 — The Order
Form DE-221 is the proposed order you draft and submit with the petition. The judge reviews it, edits if needed, and signs it at the hearing. Many self-represented filers mistakenly think the court drafts the order; it does not. You draft it, and a sloppy draft means a continued hearing.
Line-by-Line Walkthrough of DE-221
The order itself is two pages. Every box, blank, and checkbox matters, and each one has a direct legal consequence.
Caption Block (Top of Page 1)
The caption must match the DE-220 petition exactly. You enter your name, address, telephone, email, and State Bar number if any, in the attorney box. Self-represented filers write In Pro Per in the attorney-name field as authorized by California Rule of Court 1.40.
The consequence of a mismatched caption is that the clerk’s calendaring system will not link the order to the petition, and the judge will not have your file at the hearing. Anthony Russo in Sacramento had his hearing continued 60 days because the caption listed “Anthony J. Russo” on the petition and “Tony Russo” on the order.
A common misconception is that the case number can be left blank. The clerk assigns the case number when DE-220 is filed, and you must write it on DE-221 before the hearing or the order cannot be entered.
Item 1 — Date of Hearing
You leave the date, time, department, and room blank when you first file. The clerk fills these in based on the local probate calendar. Each county has a different lead time, ranging from 30 days in Orange County to 90 days in Los Angeles County under Probate Code §13655.
The consequence of writing in your own hearing date is automatic rejection. The court controls the calendar, not the petitioner.
A real example: Linda Okafor in Riverside filed her petition on April 1, 2026, and the clerk assigned a hearing of June 3, 2026, exactly 63 days later, which is typical for that county.
Item 2 — Findings
Item 2 contains the judge’s findings of fact. You check box 2a if all notice requirements were met, box 2b if the decedent was domiciled in California, and box 2c if the survivor is a spouse or registered domestic partner. Each finding tracks an element of the §13658 statutory checklist.
The consequence of checking the wrong box is that the order will not match the evidence, and the judge will strike through the box and continue the hearing for an amended order.
Item 3 — Property Passing to Survivor
Item 3a is the heart of the order. You check this box and attach a description (or refer to the DE-226 attachment) of every asset that passes outright to the surviving spouse or partner. This includes community property under §13500 and separate property devised to the survivor.
The consequence of omitting an asset is that the omitted asset remains in legal limbo and a second petition must be filed later, costing another $435 filing fee.
A real example: Karen Bellamy in Oakland forgot to list a 2019 Toyota Tacoma on her DE-226. The DMV refused to retitle the truck, and Karen had to file a supplemental petition six months later.
Item 4 — Property to Be Confirmed as Belonging to Survivor
Item 4 is for property the survivor already owned but needs the court to confirm. The most common use is confirming the survivor’s one-half community property interest under Probate Code §13500. Title companies often refuse to insure a sale of community real estate without this confirmation, even though the survivor technically already owned half.
The consequence of skipping item 4 when selling a community-property home is that escrow will not close. Marcus Webb in Burbank lost a buyer because his order confirmed only the half passing from his late wife, not his own half.
Item 5 — Attorney’s Fees
Item 5 addresses statutory attorney’s fees. Unlike full probate, spousal property petitions do not allow statutory percentage fees under Probate Code §10810. Any fee must be a reasonable hourly fee approved by the court.
The consequence of asking for a percentage fee is denial and possible referral to the State Bar of California for unauthorized fee-charging.
Item 6 — Bond
Bond is almost never required in a spousal property proceeding because no estate is being administered. You leave item 6 blank unless the court specifically orders bond, which happens in fewer than 1% of cases according to the Judicial Council’s 2024 probate study.
Item 7 — Other Orders
Item 7 is a catch-all for unusual relief, such as confirming a transmutation agreement under Family Code §852 or directing a third party to release records. Use this sparingly; the more you ask for, the more likely the judge continues the hearing.
A common misconception is that item 7 can be used to resolve creditor claims. Creditor liability under §13550 follows the property automatically and does not need a court order.
Signature Block
The judge signs and dates the bottom of page 2. You leave both blank. Many self-represented filers also forget to type the judge’s name above the signature line; this is fine, as the clerk stamps in the judge’s name when the order is entered.
Three Common Filing Scenarios
Each scenario shows how a different fact pattern flows through DE-220, DE-226, and DE-221.
Scenario 1: All Community Property, No Will
| Fact Pattern | DE-221 Outcome |
|---|---|
| Sofia and Daniel Romero of Fresno held a home, two cars, and a joint brokerage as community property, no will | Judge checks item 3a passing Daniel’s half to Sofia under §13500 and item 4 confirming Sofia’s existing half |
Scenario 2: Separate Property by Will
| Fact Pattern | DE-221 Outcome |
|---|---|
| Aisha Thompson inherits husband Terrence’s pre-marriage Oakland duplex through his 2018 will | Judge checks item 3a only, passing the duplex as separate property under §13650 with the will lodged per §8200 |
Scenario 3: Mixed Community and Separate, Contested by Adult Children
| Fact Pattern | DE-221 Outcome |
|---|---|
| Robert Nakamura’s adult children from his first marriage object to widow Yuki receiving his separate-property San Diego rental | Judge sets contested hearing under §13655(b), and DE-221 is held until the dispute is resolved or converted to full probate |
Community Property vs. Separate Property on DE-221
The single most important legal distinction on this form is whether the asset is community or separate property. The answer determines which Probate Code section applies, which box you check, and which evidence you attach.
Community Property Under §13500
Community property is everything earned or acquired by either spouse during marriage while domiciled in California, with limited exceptions for gifts and inheritances under Family Code §760. Under Probate Code §13500, all community property passes to the surviving spouse outright unless the decedent’s will says otherwise.
The consequence of mischaracterizing separate property as community is that the order can be set aside under Probate Code §13554 for up to three years after entry. Estate of MacDonald (1990) 51 Cal.3d 262 is the leading case on the burden of proof, requiring clear written consent for any transmutation of character.
Separate Property Under §13650
Separate property is anything owned before marriage, anything received by gift or inheritance during marriage, and the rents, issues, and profits of such property under Family Code §770. Separate property only passes through DE-221 if the decedent’s will leaves it to the surviving spouse, or if the decedent died intestate and the survivor inherits under Probate Code §6401.
The intestate share of separate property depends on whether the decedent left children, parents, or siblings. If the decedent left one child, the surviving spouse takes one-half; if two or more children, the spouse takes one-third under §6401(c).
A common misconception is that a quitclaim deed during marriage automatically converts community to separate. The California Supreme Court in Estate of MacDonald requires an express written declaration of transmutation, not just a deed.
Quasi-Community Property
Quasi-community property is property acquired in another state that would have been community if acquired in California. It passes the same way as community property under Probate Code §66 and §13501.
A real example: Patricia Lindgren and her late husband moved from Texas to San Diego in 2015. Their Texas-acquired retirement account became quasi-community property and passed to Patricia under §13501 through a single DE-221 order.
Notice, Hearing, and Filing Procedure
The procedure for filing and serving DE-221 is governed by Probate Code §§ 13653–13656 and California Rule of Court 7.301.
Step 1 — Lodge the Will
If the decedent left a will, you must lodge the original within 30 days of death under Probate Code §8200. The clerk gives you a lodging receipt, which you reference on DE-220.
Step 2 — File the Petition
File DE-220, DE-226, and DE-221 together with the $435 filing fee. Most counties accept e-filing through TrueFiling or File & ServeXpress.
Step 3 — Serve Notice
Mail Form DE-121 Notice of Hearing at least 15 days before the hearing to every heir, devisee, and trustee under Probate Code §13655. File the proof of service at least five days before the hearing.
Step 4 — Attend the Hearing
Most counties post a tentative ruling the day before. If the ruling is “grant,” you usually do not need to appear. If the ruling is “continue” or “deny,” you must appear and address the judge’s notes.
Step 5 — Obtain Certified Copies
After the judge signs DE-221, order certified copies from the clerk at $40 each under Government Code §70626. Record one with the county recorder for any real estate.
County-Specific Quirks
While DE-221 is a statewide Judicial Council form, each superior court adds local rules.
Los Angeles County
LASC Local Rule 4.5 requires probate notes to be reviewed online before the hearing. The probate examiner posts notes 10 days before the hearing on the LA Court Probate Notes portal.
Orange County
Orange County Local Rule 603 requires a Probate Case Cover Sheet at filing, in addition to the statewide DE-220.
San Diego County
San Diego posts tentative rulings on Department PC-1’s tentative rulings page by 4:00 p.m. the day before the hearing.
San Francisco County
San Francisco’s probate department in Department 204 requires hearings to be set on Wednesdays only, which can extend the calendar by two to three weeks compared to other counties.
Mistakes to Avoid
Each mistake below has caused real petitions to be denied or continued in published probate notes.
- Listing the wrong character of property. Calling a separate-property inheritance “community” exposes the survivor to a §13554 challenge for up to three years.
- Forgetting to lodge the will. Without the lodged original, the judge cannot find that the will is valid, and item 3a cannot reference it.
- Skipping the DE-226 attachment. Vague property descriptions on DE-220 alone cause title companies to reject the recorded order.
- Mailing notice late. Notice must go out 15 days before the hearing under §13655, not 10 or 12.
- Missing the proof of service filing. The proof must be on file before the hearing or the judge will continue the matter.
- Asking for percentage attorney’s fees. Statutory percentage fees under §10810 do not apply to spousal property petitions.
- Filing when a trust owns the property. Trust assets pass under the trust instrument, not through DE-221.
- Using a stale will. A will revoked by a later instrument cannot support a §13650 transfer.
- Ignoring registered-domestic-partner status. Unregistered partners have no rights under §13500, no matter how long the relationship lasted.
- Failing to record the certified order. Real property title remains clouded until the order is recorded with the county recorder.
Dos and Don’ts
Do
- Do verify the decedent’s domicile in California, because non-domiciliaries cannot use this procedure under §13501.
- Do obtain at least three certified copies of the signed order, because banks, the DMV, and the recorder all want originals.
- Do attach a complete legal description for real estate, including the APN, because the recorder rejects anything less.
- Do check the probate examiner’s notes before the hearing, because most counties post tentative rulings online.
- Do consider a Heggstad petition under §850 instead, when the asset belongs in a living trust.
Don’t
- Don’t use DE-221 for assets held in joint tenancy, because those pass automatically by Civil Code §683 and only need an Affidavit Death of Joint Tenant.
- Don’t combine DE-221 with a small-estate affidavit, because the procedures are mutually exclusive.
- Don’t forget to address creditor claims under §13550, because the surviving spouse takes the property subject to community-property debts.
- Don’t rely on a verbal transmutation, because Family Code §852 requires a writing.
- Don’t ignore stepchildren and ex-spouses entitled to notice, because their omission voids the order under §13655.
Pros and Cons of the Spousal Property Procedure
Pros
- Faster than full probate, often closing in 60–90 days versus 12–18 months under §12200.
- No personal representative required, saving statutory fees under §10800.
- No dollar cap, unlike the $184,500 small-estate ceiling.
- Single hearing, with most counties granting on tentative ruling.
- Works for both community and separate property in the same petition.
Cons
- Surviving spouse takes property subject to community debts under §13550.
- Three-year window for challenges under §13554.
- Not available for trust assets, requiring a separate Heggstad petition.
- Contested petitions are converted to full probate under §13655(b).
- Filing fees and certified-copy costs still apply, totaling roughly $600 for most filings.
Recap of Key Court Rulings
Estate of MacDonald (1990) 51 Cal.3d 262 requires an express written declaration to transmute property character, and signing a beneficiary form is not enough. Estate of Leslie (1984) 37 Cal.3d 186 extends spousal property rights to putative spouses who reasonably believed they were married. Estate of Wilson (2012) 211 Cal.App.4th 1284 confirms that quasi-community property passes the same way as community property under §13501.
Estate of Bonanno (2008) 165 Cal.App.4th 7 holds that registered domestic partners have the same §13500 rights as spouses retroactive to the date of registration. Estate of Petersen (1994) 28 Cal.App.4th 1742 confirms that the three-year challenge window in §13554 is jurisdictional and cannot be extended by stipulation.
Frequently Asked Questions
Is DE-221 the same as a probate decree?
No, DE-221 is a streamlined order under Probate Code §13656, not a full probate decree, and no personal representative is appointed.
Can I file DE-221 without an attorney?
Yes, California allows self-representation in probate, and the Judicial Council self-help center provides free guides for surviving spouses and registered domestic partners.
Does DE-221 cover retirement accounts?
Yes, but only if the account had no living beneficiary, because beneficiary designations override probate procedures under Probate Code §5000.
Is there a deadline to file DE-221?
No, there is no statutory deadline, but waiting can complicate creditor claims under §13550 and risk lost evidence.
Can registered domestic partners use DE-221?
Yes, registered partners under Family Code §297 have identical rights to spouses under §13500 and §13650.
Will DE-221 transfer a vehicle?
Yes, the DMV accepts a certified DE-221 order along with Form REG 5 to retitle a deceased spouse’s vehicle.
Does DE-221 work for out-of-state real estate?
No, California courts cannot order title transfers of real estate located in another state, requiring an ancillary probate in the property’s state.
Can creditors challenge a DE-221 order?
Yes, creditors of community property can pursue the surviving spouse for up to one year under Code of Civil Procedure §366.2, regardless of the order.
Is DE-221 required if everything is in a trust?
No, trust assets pass under the trustee’s authority, and a §850 Heggstad petition is used for property mistakenly left out of the trust.
How long does the DE-221 process take?
No single answer applies, but most uncontested petitions are granted within 60 to 90 days of filing, depending on the county’s probate calendar.
Can DE-221 be used after a divorce was filed but not finalized?
No, a pending dissolution does not terminate marital status, but Family Code §2337 bifurcation orders can change spousal rights before the final judgment.
Do I need to publish notice in a newspaper?
No, unlike full probate under §8120, spousal property petitions only require mailed notice under §13655.
Related reading
- How to File a Spousal Property Petition (w/Examples) + FAQs
- How to Fill Out California Form AT-160 (w/Examples) + FAQs
- How to Fill Out California Form DE-122 (w/Examples) + FAQs
- How to Fill Out California Form DE-140 (w/Examples) + FAQs
- How to Fill Out California Form DE-265 (w/Examples) + FAQs
- How to Fill Out California Form EA-130 (w/Examples) + FAQs
- How to Fill Out California Form GC-200 (w/Examples) + FAQs