Local Probate Rules of Court

PROBATE RULE 10 SPOUSAL OR REGISTERED DOMESTIC PARTNER PROPERTY PETITIONS

A. WHEN FILED WITH PETITION FOR PROBATE
B. SURVIVORSHIP CONDITION IN WILL

A. WHEN FILED WITH PETITION FOR PROBATE

A spousal or registered domestic partner property petition must be filed separately from a petition for probate of the will or for administration of the estate, as set forth in CRC  7.301. If the two are filed simultaneously, or if probate proceedings are already pending, an additional filing fee for the spousal property petition will not be required. Both petitions must be filed under the same case number.

(Eff. 1/01/05)

B. SURVIVORSHIP CONDITION IN WILL

If the right of a spouse or registered domestic partner to take under a will is conditioned on survival for a specified period of time, no property will be set aside or confirmed to the spouse or registered domestic partner until the expiration of the time period. If the petition is filed before the expiration of the survivorship period, a separate declaration executed by the petitioner after the survivorship period has expired must be filed with the Court.

(Eff. 1/01/05)

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