Yes, you can transfer a deceased spouse’s or registered domestic partner’s property in California without full probate by filing Judicial Council Form EA-130, the Spousal or Domestic Partner Property Petition. This single petition lets a surviving spouse or partner ask the probate court to confirm community, quasi-community, or separate property that passes outright under California Probate Code §13500.
The form solves a real problem. Title companies, banks, and brokerages will not release a deceased spouse’s interest without a court order, and a full probate can take 12 to 18 months under Probate Code §12200. According to the Judicial Council’s 2023 Court Statistics Report, more than 38,000 probate petitions are filed each year in California, and roughly 1 in 5 surviving spouses qualifies for the faster EA-130 track.
Here is what you will learn in this guide:
- 📋 How every line of the EA-130 works, from the caption to the verification block
- 🏠 Which assets qualify as community, quasi-community, or separate property under the Family Code
- 🧾 How to attach legal descriptions, deeds, and account statements without rejection
- ⚖️ How county rules in Los Angeles, San Diego, Orange, Alameda, and Sacramento differ
- 🚫 The seven mistakes that cause an EA-130 to be denied or continued at the hearing
What Form EA-130 Is and When You Use It
Form EA-130 is the Judicial Council of California’s official petition used to confirm or transfer property to a surviving spouse or surviving registered domestic partner. The form is filed in the superior court for the county where the decedent lived, and it asks a judge to issue an order under Probate Code §13650 confirming title in the survivor’s name. The petition replaces the longer probate process for property that already belongs, in whole or in part, to the survivor.
The federal backdrop matters too. The Internal Revenue Code §1014(b)(6) gives a full step-up in basis to community property when one spouse dies, and a clean EA-130 order helps a survivor prove that step-up to the IRS. The consequence of skipping EA-130 is steep. Without a court order, a survivor cannot record a new deed, cannot retitle a brokerage account, and cannot sell real estate to a buyer who needs title insurance.
A common misconception is that a living trust always avoids EA-130. In fact, when a married couple forgets to fund a trust with their home, the survivor still needs an EA-130 or a Heggstad petition under Probate Code §850 to move the asset. The EA-130 is the simpler choice when the property was already community property at the date of death.
Who May File the Petition
The petitioner must be a surviving spouse or a registered domestic partner under Family Code §297. Putative spouses, ex-spouses, and unmarried cohabitants do not qualify, and filing anyway leads to a denial and a wasted $435 fee. The personal representative of the survivor’s estate may also file if the survivor died after the first spouse but before transfer.
A real-world example helps. Maria in Sacramento lost her husband Luis after 22 years of marriage, and the family home was held as “community property with right of survivorship.” Maria does not need EA-130 for the home because survivorship vesting passes title automatically, but she still uses EA-130 to confirm the joint brokerage account that lacks survivorship language.
The misconception here is that registered domestic partners are second-class filers. The California Domestic Partner Rights and Responsibilities Act of 2003 gives partners equal rights to file EA-130, and ignoring that right wastes money on full probate.
When EA-130 Is Not Enough
If the decedent left a will that gives community property to someone other than the survivor, EA-130 cannot override that disposition. Under Probate Code §100, each spouse owns one-half of the community estate and may will away that half. The consequence of ignoring the will is a denied petition and a referral to full probate.
A second limit involves separate property above $184,500 (the 2022 threshold under Probate Code §13100). For separate property that passes by intestacy beyond that amount, the survivor uses EA-130 only for the share that goes to the spouse, and the rest goes through formal probate. David in Fresno learned this when his late wife’s separate-property rental triplex worth $900,000 had to be split between him and her child from a prior marriage.
The misconception is that “small estate” affidavits replace EA-130 for real estate. They do not. The Affidavit re Real Property of Small Value (DE-305) caps out at $61,500 in 2022, and anything above that needs EA-130 or full probate.
Before You Open the Form: Documents and Decisions
Filing EA-130 without preparation is the top reason for rejection at the clerk’s window. The California Rules of Court, Rule 2.100 require legible, properly captioned documents, and any missing exhibit triggers a defect notice. Gather every paper before you write a single line.
You will need a certified death certificate from the California Department of Public Health, the original will if one exists, and the marriage or domestic partnership certificate. You also need legal descriptions for any real property, taken from the most recent grant deed, plus account statements showing balances on the date of death. Without these, the judge cannot find that the property qualifies as community property.
A common misconception is that a Zillow estimate is enough for real estate value. Judges in Los Angeles County and Orange County routinely require a Probate Referee appraisal under Probate Code §8900, and using a Zillow number invites a continuance.
Choosing Confirmation, Transfer, or Both
EA-130 lets you check three boxes: confirm community property to the survivor, transfer separate property passing to the survivor by will or intestacy, or both. The choice changes which attachments you need and which county fees apply. Picking the wrong box leads to a clerk’s rejection, even before the judge sees the file.
Confirmation is for property the survivor already owns half of, such as a community-property home. Transfer is for property the decedent owned alone that now passes to the survivor, such as a separate bank account willed to the spouse. Both apply when, for example, the survivor inherits the decedent’s one-half community share and a separate-property car.
The misconception is that confirmation and transfer are interchangeable. They are not. A confirmation order under Probate Code §13656 preserves the full step-up in basis, while a transfer order may not, and that distinction can cost thousands at sale.
Calculating Filing Fees
The first-paper filing fee in probate is $435 statewide under Government Code §70650. Counties add local surcharges, so San Francisco and Alameda County often charge $465. If you cannot afford the fee, file a Fee Waiver Form FW-001 at the same time.
A real example: Janet in San Diego paid $435 for her EA-130 filing, plus $60 for certified copies of the order, and $25 to record the order with the San Diego County Recorder. She compared that to a full probate retainer of $8,000 and saved roughly $7,500.
The misconception is that the fee is per asset. It is not. One $435 fee covers the entire petition, no matter how many parcels or accounts are listed.
Line-by-Line Walkthrough of EA-130
The current EA-130 (Rev. January 1, 2020) has 11 numbered items plus the verification. Each item maps to a Probate Code section, and each blank box has a consequence if filled in wrong. Read the instructions on Form EA-130-INFO before you start.
The federal angle: any real property listed must match the legal description used on the IRS Form 706 if an estate tax return is required. Mismatches between the EA-130 and the 706 trigger IRS questions and can delay an estate-tax closing letter by 6 to 9 months.
A misconception is that handwritten entries are fine. The California Rules of Court, Rule 2.104 require typed text in 12-point font, and counties like Santa Clara reject handwritten petitions outright.
Caption and Item 1: Petitioner Information
The caption sits at the top and asks for the petitioner’s name, address, phone, and bar number if represented. The court name and case number go on the right. The case number is blank at first filing because the clerk assigns one when you submit.
Item 1 asks the petitioner to identify themselves as the surviving spouse, surviving registered domestic partner, or personal representative of a deceased survivor. Pick exactly one. Picking the wrong status is a frequent error and forces a refile.
The consequence of a mislabeled caption is that e-filing systems in counties like Riverside reject the document automatically. Always match the caption format used in the local rules.
Items 2 and 3: Decedent and Marriage Facts
Item 2 asks for the decedent’s full legal name, date of death, and place of death. Use the exact name on the death certificate, including middle names and suffixes, because title companies will compare it to the deed. A mismatch creates a “cloud on title” that requires a corrective deed.
Item 3 asks whether the decedent was a California resident at death and whether the survivor was married to or in a registered partnership with the decedent. Attach a marriage certificate or Declaration of Domestic Partnership as Attachment 3. A missing certificate is the second most common reason for continuance.
The misconception is that a religious marriage certificate alone proves marriage. California recognizes only marriages recorded with a county clerk, so a temple or church record without a county filing is not enough.
Item 4: Will and Testacy Status
Item 4 asks whether the decedent died with a will. If yes, attach the original will as Attachment 4 and check whether it is being filed for safekeeping or being lodged under Probate Code §8200. If no, the petition proceeds under intestate succession in Probate Code §6401.
A real example: Carla in Oakland found her husband’s holographic will leaving everything to her. She lodged the original will with the Alameda court and attached a copy to her EA-130, satisfying both §8200 and Item 4 in one step.
The misconception is that a copy of the will is sufficient. The original must be lodged within 30 days of death under §8200, and failing to do so can expose the holder to liability for damages.
Items 5 and 6: Property Description and Character
Item 5 is the heart of the petition. List every asset the petitioner wants confirmed or transferred, and use Attachment 5 if you need more space. Each asset needs a legal description for real estate, an account number (last four digits) for financial accounts, and a date-of-death value.
Item 6 asks the legal basis for each asset’s character as community, quasi-community, or separate property. Cite the relevant Probate Code section, such as §100 for community property or §101 for quasi-community property. Wrong characterization is the leading substantive error in EA-130 cases.
The misconception is that title controls character. Under Estate of MacDonald (1990) 51 Cal.3d 262, title alone does not transmute community property to separate property, and a clear writing under Family Code §852 is required.
Items 7 Through 9: Heirs, Devisees, and Notice
Item 7 lists every person entitled to notice under Probate Code §1220. This includes all heirs at law, all devisees under any will, and the trustee of any trust named in the will. Missing a noticed party voids the order under Estate of Bibb (2001) 87 Cal.App.4th 461.
Item 8 asks whether any other proceeding is pending for the decedent’s estate. If a full probate is already open, EA-130 may still be filed in the same case under Probate Code §13658. Item 9 asks the petitioner to confirm that all known creditors will be paid, because EA-130 does not extinguish creditor claims.
A misconception is that minor children of the decedent need not be served. They must be served through a guardian ad litem, and missing this step is fatal to the order.
Items 10, 11, and Verification
Item 10 asks the court to determine that the property passes to the survivor. Item 11 asks for any additional orders, such as a finding under Probate Code §13502 that the survivor elects not to have certain property administered as community property (rare but useful).
The verification block must be signed under penalty of perjury by the petitioner, not by the attorney. Attorney verification is improper under Code of Civil Procedure §446 when the petitioner is in California.
The misconception is that an electronic signature is automatic. Counties like Contra Costa accept [/s/ Name] e-signatures only when filed through the official e-filing portal, and emailed PDFs may be rejected.
Three Common EA-130 Scenarios
Real estate, brokerage accounts, and closely held businesses are the three asset types that drive most EA-130 filings. Each has its own quirks and its own paperwork. Look at the scenarios below to see how the choices play out.
Scenario A: Community-Property Home
| Filing Step | Resulting Outcome |
|---|---|
| List home with full legal description in Item 5 | Court confirms 100% to survivor under §13500 |
| Attach grant deed and most recent property tax bill | Recorder accepts certified order for new title |
| Cite §100 in Item 6 as community property | Full step-up in basis under IRC §1014(b)(6) |
| File Preliminary Change of Ownership Report | No reassessment under Prop 19 spousal exclusion |
Scenario B: Brokerage Account With No TOD
| Filing Step | Resulting Outcome |
|---|---|
| List account with last four digits and DOD value in Item 5 | Brokerage releases assets on certified order |
| Attach DOD statement as Attachment 5 | Custodian confirms exact balance to retitle |
| Cite §100 if funded with community wages | Full step-up in basis on all shares |
| Request transfer order in Item 10 | Survivor receives clean cost basis records |
Scenario C: Closely Held Business Interest
| Filing Step | Resulting Outcome |
|---|---|
| Describe entity, percentage, and operating agreement | Court determines transferability of interest |
| Attach probate referee appraisal under §8900 | Value supports IRS Form 706 reporting |
| Identify any buy-sell restrictions | Order respects contractual transfer limits |
| File Statement of Information with Secretary of State | Public record matches new ownership |
Filing, Hearing, and Order
After the petition is signed and assembled, the next step is filing with the superior court in the county where the decedent lived. Most counties allow e-filing through One Legal or File & ServeXpress, and a few still require paper. Bring or upload three copies plus the original.
The clerk sets a hearing date 30 to 45 days out and issues Form EA-115, the Notice of Hearing. The petitioner must serve EA-115 on every person listed in Item 7 at least 15 days before the hearing under Probate Code §13655. Service is by mail, and proof of service is filed at least 5 court days before the hearing.
A misconception is that the hearing always requires an in-person appearance. Most counties post tentative rulings two or three days before the hearing, and an unopposed petition is approved without anyone showing up. Always read the local tentative rulings policy.
County-by-County Nuances
Los Angeles Superior Court requires probate notes to be checked online before the hearing, and unresolved notes lead to continuances. San Diego Superior Court uses a similar “Probate Examiner Notes” system, posted 10 days before the hearing. Orange County issues tentative rulings the day before the hearing.
Alameda County and Sacramento County require courtesy copies for the probate examiner, delivered separately from the filed original. Skipping the courtesy copy in Alameda is the top reason for a continuance there. San Francisco requires a Confidential Statement of Decedent’s Social Security Number (MC-001) to be filed under seal.
The misconception is that local rules are optional. They are not, and California Rules of Court, Rule 3.20 authorizes counties to enforce them strictly.
After the Order Is Signed
Once the judge signs Form EA-120, the Spousal or Domestic Partner Property Order, the survivor has a court order that title companies, banks, and brokers must honor. Get at least three certified copies from the clerk for $40 each. One goes to the recorder for real property, one to each financial institution, and one to the survivor’s permanent records.
The recorder’s office adds the order to the chain of title under Government Code §27201. For tax purposes, file a Preliminary Change of Ownership Report within 45 days to claim the Proposition 19 spousal exclusion and avoid reassessment.
The misconception is that the order alone retitles the asset. It does not. The survivor must record the order or present it to the financial custodian, and only then does new title actually issue.
Mistakes to Avoid
EA-130 looks simple, but the California courts self-help center lists dozens of recurring errors. Each one wastes time, and several waste money on a refiled $435 fee. Below are the seven mistakes that examiners flag most often.
- Wrong county venue: Filing in the survivor’s county instead of the decedent’s last residence violates Probate Code §7051, and the case is dismissed or transferred at the petitioner’s expense.
- Missing legal description: Listing only a street address fails Government Code §27288.1, and the recorder rejects the order, blocking the title transfer.
- Mischaracterizing property: Calling separate property “community” without a transmutation under Family Code §852 leads to a denied petition and possible disputes with stepchildren.
- Failing to notice all heirs: Skipping a child from a prior marriage violates Estate of Bibb and voids the order, exposing the survivor to a later quiet-title action.
- Filing without the original will: Lodging only a copy violates Probate Code §8200, and the case is continued until the original is produced or a lost-will petition is filed.
- Ignoring local rules: Skipping courtesy copies in Alameda or probate notes in Los Angeles results in automatic continuances of 30 to 60 days.
- Improper attorney verification: Having the lawyer sign the verification when the petitioner lives in California breaches CCP §446, and the petition is treated as unverified.
- Forgetting Prop 19 paperwork: Not filing the Claim for Reassessment Exclusion (BOE-19-G) within three years can trigger a property tax reassessment worth thousands.
- Underestimating asset value: Using a Zillow estimate instead of a probate referee appraisal under §8900 leads to IRS challenges to the stepped-up basis.
Do’s and Don’ts
Following best practices keeps the EA-130 on track. Each do and don’t below ties to a specific rule and a specific consequence. Treat them as a checklist before signing.
Do’s:
- Do gather every certificate, deed, and statement first, because Rule 2.100 requires complete attachments.
- Do cite the exact Probate Code section in Item 6, because vague citations invite probate examiner notes.
- Do serve every Item 7 party at least 15 days before the hearing, because shorter notice voids the order under §13655.
- Do request multiple certified copies, because each title company and broker keeps its own original.
- Do record the order with the county recorder, because unrecorded orders leave a gap in the chain of title.
Don’ts:
- Don’t file before the death certificate is in hand, because counties reject petitions without proof of death.
- Don’t list assets the decedent did not own, because false statements violate the verification under penalty of perjury.
- Don’t ignore creditor claims, because EA-130 does not bar creditors under Probate Code §13554.
- Don’t use a Zillow estimate, because probate examiners require a probate referee appraisal.
- Don’t forget to sign the verification yourself, because attorney verification is improper for in-state petitioners.
Pros and Cons of Filing EA-130
EA-130 is the right tool for many surviving spouses, but it is not always the best path. Weigh these points before you file. The numbers below come from California court fee schedules and typical attorney quotes.
Pros:
- Fast: a hearing is set within 30 to 45 days, compared to 12 to 18 months for full probate.
- Cheap: a single $435 fee versus statutory probate fees that start at 4% of the gross estate under Probate Code §10810.
- Simple: one petition, one hearing, one order, with no inventory, no accounting, and no final report.
- Tax-friendly: confirms full step-up in basis under IRC §1014(b)(6) for community property.
- Flexible: can be combined with full probate when only some assets qualify under §13658.
Cons:
- Limited: cannot transfer property the decedent willed to someone else.
- Notice-heavy: every heir and devisee must be served, and missed parties void the order.
- No creditor cutoff: unlike full probate, EA-130 does not start the 4-month creditor claim period.
- County variance: local rules in Los Angeles, San Diego, Alameda, and others add traps.
- Hearing risk: contested petitions are continued or denied, sending the case back to full probate.
Key Cases Every Filer Should Know
California appellate courts have shaped how EA-130 works in practice. Three rulings stand out, and every petitioner should know what they say. Each one changes how a real petition is drafted.
In Estate of MacDonald (1990) 51 Cal.3d 262, the Supreme Court held that retitling community-property funds in one spouse’s name does not transmute them to separate property without a clear written declaration. The consequence is that survivors can claim the full community share under EA-130 even when accounts were retitled.
In Estate of Bibb (2001) 87 Cal.App.4th 461, the Court of Appeal confirmed that real property held in joint tenancy is community property for stepped-up basis purposes if the spouses treated it that way. EA-130 petitioners use Bibb to claim a full step-up on jointly titled homes.
In Estate of Wilson (1998) 64 Cal.App.4th 1054, the court enforced strict notice requirements for spousal property petitions. Skipping a single heir voids the order, and survivors must reopen the case at their own expense.
The misconception is that case law is only for lawyers. It is not. Probate examiners cite these cases in notes, and a pro per filer who quotes the right case in a reply can clear an examiner’s note in one filing.
FAQs
Is Form EA-130 only for married couples?
No. Registered domestic partners under Family Code §297 have the same right to file EA-130 as married spouses, thanks to the 2003 Domestic Partner Rights Act.
Do I need an attorney to file EA-130?
No. Surviving spouses and partners may file pro per through the California courts self-help center, although complex assets or contested cases usually justify hiring counsel.
Can EA-130 transfer property held in a living trust?
No. Trust property is governed by the trust, not by EA-130; if a trust was never funded with the asset, a Heggstad petition under §850 is the right form.
Is the EA-130 hearing always in person?
No. Most counties post tentative rulings before the hearing, and unopposed petitions are granted without an appearance.
Does EA-130 cut off creditor claims?
No. Unlike full probate, EA-130 does not start a creditor claim period, and creditors keep their rights against the survivor under Probate Code §13554.
Can I file EA-130 if my spouse died in another state?
Yes. As long as the decedent owned California property, the petition is filed in the California county where the property sits under Probate Code §7052.
Will EA-130 trigger property tax reassessment?
No. A spousal transfer is excluded from reassessment under Proposition 19, but you must file a timely BOE-19-G claim.
Is the original will required at filing?
Yes. Probate Code §8200 requires the original will to be lodged within 30 days of death, and EA-130 attaches a conformed copy.
Can I use EA-130 for a $5 million home?
Yes. EA-130 has no asset value cap when the property is community property passing to the survivor under §13500.
Does EA-130 cover retirement accounts?
No. IRAs and 401(k)s pass by beneficiary designation under ERISA and federal tax law, not through EA-130.
Will the IRS accept the EA-130 order for basis step-up?
Yes. The signed Form EA-120 order plus a probate referee appraisal supports the §1014(b)(6) double step-up on community property.
Can I amend an EA-130 after filing?
Yes. A petitioner may file an amended EA-130 before the hearing or seek leave to amend at the hearing under Code of Civil Procedure §473.
Related reading
- How Long Does Spousal Property Petition Take in California? (w/Examples) + FAQs
- 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-111 (w/Examples) + FAQs
- How to Fill Out California Form DE-221 (w/Examples) + FAQs
- How to Fill Out California Form DE-265 (w/Examples) + FAQs
- How to Fill Out California Form GC-200 (w/Examples) + FAQs