By Corcoran Smith Law Corp. · Published · Updated
The Spousal Property Petition
A California surviving spouse can often avoid full probate. Probate Code section 13650 lets them petition for an order that administration is unnecessary because the property passes to them, and for confirmation of their own half of the community property.
What section 13650 allows
Probate Code section 13650 gives a surviving spouse a route around ordinary administration. The spouse — or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse — may petition the superior court of the county where the deceased spouse’s estate would be administered, requesting an order that administration of all or part of the estate is unnecessary because that property passes to the surviving spouse. The same petition may ask the court to confirm the surviving spouse’s ownership of property already belonging to them under sections 100 and 101, which is how the community half is put beyond argument. Two details matter in practice. The section reaches all or part of an estate, so it can be used alongside ordinary administration of the remainder. And it does not apply to property the petitioner has elected under section 13502 to have administered in the usual way.
Sources: Probate Code s.13650 - Spousal property petition · Probate Code s.6401 - Intestate share of the surviving spouse · Probate Code s.6400 - Property not disposed of by will passes to heirs · Verified 2026-08-20.
How it compares with the alternatives
| Route | Value limit | Who it serves |
|---|---|---|
| Spousal property petition — §13650 | None | A surviving spouse, for property passing to them |
| Small estate affidavit — §13100 | $208,850 gross | Any successor, for defined categories of property |
| Full administration | None | Everything else |
Why the absence of a limit is the point
The small estate affidavit stops at a threshold most California homes exceed on their own. The spousal petition has no cap, so a surviving spouse inheriting a seven-figure estate can still avoid full administration — and with it the statutory fee schedule, which is calculated on gross value without deducting the mortgage. That single difference is usually worth more than every other economy in the process combined.
Related: what a spouse inherits when there is no will, the affidavit route for smaller estates, full administration if neither applies, and what the statutory fees would have been.
The Probate Code sections behind this page
Each section links to its official text at the California Legislature’s own site. The full index of sections covers the rest of the Code.
- Probate Code section 13650
- Spousal property petition. Read section 13650
Before you call: What probate costs · How long it takes · Which court hears it
Attorney, fiduciary or financial advisor with a client matter? How to refer a California probate or trust matter