Spousal Property Petitions

What is a Spousal Property petition when there is a surviving spouse?

A Spousal Property petition is a method to transfer property to a surviving spouse without a full probate.  It can usually be done with just one court hearing. If the estate is simple, the petition can settle questions about title to or ownership of property.

Who can file a Spousal Property petition?

  • The surviving spouse,
  • The representative of a surviving spouse's estate (if the surviving spouse is also now deceased), or
  • The conservator of the surviving spouse's estate.