Spousal Property Petition
Case Number
Case Type Decedent's Estate Hearing Date / Time Mon, 06/01/2026 - 08:30 Nature of Proceedings Spousal Property Petition Tentative Ruling Probate Notes:
The following must be submitted: Death certificate. Please submit a death certificate as proof of death. (Evid. Code, Sec.412, Hlth. & Saf. Code, Sec. 103550.)
Marriage certificate. Please submit a Marriage Certificate as proof of marriage. (Evid. Code, Sec.412, Hlth. & Saf. Code, Sec. 103550.)
Please note, the check-box-style allegations in the Judicial Council form pleading for Spousal Property Petitions are not specific enough alone to establish the facts of death and marriage without attesting to personal knowledge of the facts that would establish death and marriage. This allegation, by its very nature, raises secondary evidence issues. Instead of making every petitioner file a supplement containing a factual recitation of their personal knowledge of death and marriage, the official declaration of death and marriage by the government entity that produced those documents has far more evidentiary weight than a verified allegation. This is why some courts have local rules requiring the submission of such documents in estate cases. (See Riverside Local Rule 7200; San Bernadino Local Rule 20-615.)
Supplement/Declaration of Facts. A supplement to the petition alleging facts that should have been alleged in attachment 7: Facts necessary to determine the county in which the estate of the deceased spouse may be administered. (Date and place of death, domicile/residence at time of death, etc.) (PC Sec. 13652, subd. (a)(1))
Date and place of marriage (Local Rule 1761, subd. (a))
Whether decedent owned any real and personal property on date of marriage, and if so, a description and approximation of values (Ibid.)
For each asset for which a determination that it pass or be confirmed to the surviving spouse, a description of the manner in which the asset was acquired by decedent, including source of funds or loans, title to asset, etc. (Ibid.)
Any additional facts upon which the claim that property is community or quasi-community property is based. (Ibid.)
Amended Petition. A spousal property petition involves only two requests for relief. First, is to determine that the deceased spouse's share of the community property passes to the surviving spouse. The second is for the Court to confirm the surviving spouse owns the surviving spouse's rightful share of the community property.
On the mandatory Judicial Council form, in order to properly request the first relief (i.e. determine), petitioner would check paragraph 1a on the petition, and also check paragraph 7a, as well as include the required information attached as attachment 7a. The proposed order would then be checked at paragraph 5a.
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On the mandatory Judicial Council form, in order to properly request the second relief (i.e. confirm), petitioner would check paragraph 1b on the petition, and also check paragraph 7b, as well as include the required information attached as attachment 7b. The proposed order would then be checked at paragraph 7a.
THE RELIEF INDICATED IN THE PROPOSED ORDER MUST MATCH THE RELIEF REQUESTED IN THE PETITION.
In this case, the proposed order indicates that the petitioner desires both determination and confirmation (i.e. both paragraph 5a and 7a were checked). But the petition only indicates that the relief requested is determination, because only paragraph 1a and 7a were checked. (i.e. confirmation paragraphs 1b and 7b were left blank.)
The court cannot approve the proposed order as presented, because signing the proposed order would be granting relief that was not requested. Please either amend the petition to reflect both reliefs, or submit a new proposed order without paragraph 7a checked.
It is recommended that the matter be continued to a date to be set by the Court at the hearing, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).)
If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered. Due to staffing limitations, processing times may be delayed.
To assist in processing, attorneys and parties should include the next court date in the "Filing Description" field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field - BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).
Tentative Ruling: Conservatorship of John Eldon Ehrsam Tentative Ruling: Conservatorship of John Eldon Ehrsam