Spousal Property Petition

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What is a Spousal Property Petition?

A legal request to the probate court to transfer a deceased spouse’s property to the surviving spouse without formal probate, typically available when assets pass directly to the surviving spouse under state law.

A legal request made by a surviving spouse to the probate court for the distribution of property that is considered community property or the separate property of the deceased spouse. This petition may be filed to confirm the spouse’s rights to property acquired during the marriage, ensuring they receive their rightful share of the estate without being subjected to the claims of other beneficiaries or heirs.

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