Spousal Property Petitions in San Diego - Simple, Expert Legal Help When You Need It Most

Losing a spouse is one of the most difficult experiences in life—and dealing with legal paperwork afterward can feel overwhelming. If your spouse passed away and you’re trying to gain legal ownership of assets that were held in their name, you may not need to go through a full probate proceeding.

In many cases, a Spousal Property Petition can provide a faster, simpler solution.

At Jenkins & Jenkins, we help surviving spouses across San Diego County and beyond complete Spousal Property Petitions 100% remotely. You’ll never need to go to court or visit an office. From start to finish, the entire process is handled virtually—with compassionate, knowledgeable legal guidance every step of the way

What is a Spousal Property Petition?

A Spousal Property Petition is a streamlined court process that allows a surviving spouse (or registered domestic partner) to claim assets from a deceased spouse’s estate without a full probate. It can be used to:

• Transfer property to the surviving spouse
• Confirm community property ownership
• Avoid a lengthy probate process
• Save legal fees and reduce delays

This petition is available in California when the only beneficiary is the surviving spouse and is commonly used to transfer assets like real estate or financial accounts.

One of the most common scenarios is when a home is purchased in one spouse’s name only for financing reasons, and the spouse who holds title passes away. The surviving spouse isn’t on Title of the property, so they’re forced into Probate Court to claim the home they already live in! Depending on family dynamics and the history of the property, a Spousal Property Petition may be the easier solution in a case like this (over General Probate).

Who Can Use a Spousal Property Petition?

You may be eligible to use a Spousal Property Petition if:

• Your spouse passed away with or without a will
• The property was held in their name alone, or in both names with no right of survivorship
• The property was community property (acquired during the marriage)
• There are no other heirs or beneficiaries contesting the nature of the property

Even if your spouse had a will or a trust, this petition can still be useful for transferring any assets that were left out of those documents.

It’s also possible to use this petition in conjunction with General Probate to quickly get some assets into the surviving spouse’s name while the general probate is carrying on, but whether that makes sense is really case by case depending on many factors (often it will make sense to just keep things in one case only).

Why Use a Spousal Property Petition? Cost? Timeline?

When available based on your circumstances, a Spousal Property Petition is almost always going to save time and money over General Probate. General Probate will typically take 12-15 months on average (though it’s possible to finish faster) and will cost a percentage of the gross value of the estate (4% of the first $100k, 3% of the next $100k, 2% of the next $800k, etc.). So, if a home is involved, a legal fee of $20,000+ is not unusual at all.

A Spousal Property Petition can usually be completed, start to finish, in 4-6 months, with the majority of time being simply waiting to get into Court. If the Court Calendar allows for it at the time of your filing, this could even be done in weeks. Because it only involves one hearing, the cost will be substantially less than General Probate.

For a Spousal Property Petition, you’ll typically either pay an attorney hourly ($300-500+ an hour) or an agreed to flat fee. Our office prefers to utilize a flat fee whenever possible so there are no surprises. For a typical Spousal Property Petition, our standard flat fee is $6,000 – which includes all attorney fees, court costs, and costs to transfer property after an order is received (notarization, recording, etc., as needed).

100% Virtual Spousal PropertyPetitions - No Court or Office Visits Required

At Jenkins & Jenkins, we make the entire process easy and accessible—wherever you live. Everything we do is designed for your convenience and peace of mind. With our virtual services, you can:

✅ Meet with your attorney over secure video conference
✅ Sign documents electronically from your phone or computer
✅ Avoid all courthouse appearances—we represent you
✅ Get updates and answers quickly via email, phone, text or Zoom
✅ Complete the process without ever coming into an office

Whether you’re located in San Diego or managing this from another part of California (or out of state), we’ve helped spouses just like you handle this process efficiently and compassionately - entirely online. You know longer have to choose between quality of representation and convenience; we have you covered on both!

Our Proven Process for Spousal Property Petitions

Here’s how we help you through the process from start to finish:

1. Free Video Consultation
We review your situation and determine whether a Spousal Property Petition is appropriate. If it’s not the right fit, we’ll recommend the best alternative path.

2. Petition Preparation & Filing
We prepare all court documents, including the petition, declarations, and supporting exhibits. Once finalized, we file everything with the San Diego Probate Court on your behalf.

3. Court Appearance by Attorney Only
You do not need to go to court. We represent you, attend any required hearings, and keep you updated throughout the process. Usually, a Spousal Property Petition will be approved in just one hearing, typically 4-6 months after filing the initial petition.

4. Final Order & Asset Transfer
Once the court approves your petition, we help you use the court order to transfer the property to your name - whether it's a house or a financial account.

Why Choose Jenkins & Jenkins?

✅ Compassionate, experienced Probate Attorneys

✅ Fully remote and accessible across California

✅ Prompt, Personal Attention

✅ Clear Flat-Rate Pricing

✅ Trusted network of local professionals

Start with a Free Probate Roadmap Call

Not sure if a Spousal Property Petition is the right option? Let’s talk. We’ll review your situation and help you understand your best path forward.

Schedule your free Probate Roadmap Call with our Attorneys today and get the answers you need!