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Spousal or Domestic Partner Property Set Aside

Upon the death of a spouse or domestic partner, California law allows the surviving spouse or domestic partner to use a simplified probate process to transfer the deceased spouse's or domestic partner's interest in their commonly owned property without having to initiate a full probate proceeding. This set aside process requires the filing of a petition with the Probate Court, but under normal circumstances is a simpler, faster, and less expensive process than a full probate proceeding.

There are situations where even though a set aside process is available to a surviving spouse or domestic partner, it is better to file a probate petition instead of a set aside petition. The decision of which processes to use is a matter that should be carefully reviewed with an attorney.

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