Orange County California

Trust Attorneys


When a decedent passes away and the net value of the estate does not exceed $20,000 as of the date of death, the surviving spouse or registered domestic partner of the decedent may request that the estate be “set aside” without having to go through full formal probate. This simplified procedure requires filing a “Set Aside Petition” with the court and can only be filed by the Executor of the Will, surviving spouse, guardian of the minor child, or the personal representative.

A spousal property set aside is a simplified procedure to clear title to a property passing from a decedent to a surviving spouse. It is applicable to community property and separate property of the decedent and is used in cases where the surviving spouse desires to clear marketable title to the property and to determine the value of the property so as to establish the surviving spouse’s liability to creditors. Such a petition can only be filed by the surviving spouse (or registered domestic partner) and it is not available for property that is willed to someone other than the spouse. Contact us today and set up an appointment.

We offer a many different resources and pamphlets on the subject of creating, updating and implementing estate plans. We also offer a regularly scheduled seminar in our office to help people determine what the best options are for them in their estate planning needs. We hope you sign up for one of our seminars to help you find your best options. We regularly conduct free seminars designed to teach about the benefits of creating an estate plan. The seminars are held on-site at our Anaheim office inside of our “classroom”. We offer light snacks and refreshments to the attendees and the group is often small and intimate, which allows for questions to be asked comfortably and for a very relaxed environment. Please encourage your loved ones to attend the seminar so that they may learn more about the estate planning process and benefits.


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