What Is Form DE-221?
Form DE-221, Spousal or Domestic Partner Property Petition, is a petition that lets a surviving spouse or registered domestic partner confirm and transfer community property without opening a full probate.
When & Where DE-221 Fits
You file DE-221 instead of full probate, when property passes to a surviving spouse or partner. Because this form often involves legal judgment, many people have a probate attorney prepare it. It sits in the spousal & small estate stage of a California probate. For the full sequence of forms and steps, see the California probate guide and the documents checklist.
How to Get Form DE-221 (Free)
Get it free from the California Courts
DE-221 is an official Judicial Council form. Download the current version directly from the California Courts self-help form finder — you should never pay a third-party site for a form the court provides for free.
Official DE-221 on CA Courts →Fill it using Adobe Reader (some browsers won't save your entries), and always use the current mandatory revision, since clerks reject outdated versions. Many California counties require you to e-file through an approved provider — check your county's court page for local rules.
Tips & Common Mistakes
- This can avoid full probate entirely for community property.
- The court confirms the transfer with a Spousal Property Order (DE-226).
- Best reviewed with an attorney to confirm the property qualifies.
Form DE-221 FAQ
Not sure you're filing DE-221 correctly?
This form involves legal judgment, and a rejected or mistaken filing can cost weeks. A California probate attorney can prepare the packet correctly — and the fee usually comes from the estate, not your pocket.