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Court Rules

California Rules of Court

Rule 7.301. Spousal or domestic partner property petition filed with petition for probate

Cal. Rules of Court, rule 7.301

Current text effective January 1, 2007.

A petition for spousal or domestic partner property determination or confirmation must be filed separately from a petition for probate of will or for letters of administration, even if both petitions are filed at the same time. The two petitions must be filed under the same case number.

#History

Rule 7.301 amended effective January 1, 2007; adopted effective January 1, 2000; previously amended effective January 1, 2002.

What this rule requires

Filing Bundling Requirements

  • A spousal or domestic partner property petition must be filed separately from the probate petition, but both petitions must use the same case number.

    The rule's wording

    A petition for spousal or domestic partner property determination or confirmation must be filed separately from a petition for probate of will or for letters of administration, even if both petitions are filed at the same time. The two petitions must be filed under the same case number.

Official text: courts.ca.gov , checked October 19, 2026.