Quick facts
- Include all pages (the order itemizes the property confirmed to the survivor).
- Some foreign uses require an EXEMPLIFIED copy ($50 + pages, §70628) — confirm before ordering.
- Never notarize the order — it's authenticated by the clerk's certification.
- General condition rules: no lamination · no post-notarization alterations · no tape · staple multipage · legible signatures/seals.
- Submitting a plain photocopy or download instead of a clerk-certified copy.
What to know
Issuing office. The probate clerk of the Superior Court in the county where the order was granted. Certified route (how to obtain a certified copy): 1. After the judge signs the DE-226, request a CERTIFIED copy from the probate clerk — "for apostille / international use." 2. If a foreign jurisdiction requires it, request an EXEMPLIFIED (triple-certified) copy instead. 3. Pay the fees (see below). Confirm the clerk's seal and signature are legible. Who can request it. The surviving spouse/partner and their attorney (the petitioner). Confirm any access nuances with the court. Required forms. The court's records/copy request form, if any. Order the DE-226 order (not the DE-221 petition, unless separately needed). Cost + timeline for THIS step (verified June 2026): - Certified copy of the DE-226 order: $40 (Gov. Code §70626(a)(4)). - Exemplified / triple-certified copy: $50 (§70628) + page.
Frequently asked questions
What exactly do I order?
A certified copy of the Spousal or Domestic Partner Property Order (DE-226) from the probate court.
Is this a divorce document?
No — it's a PROBATE order confirming property to a SURVIVING spouse/partner after death. Not a dissolution order and not spousal support.
How much is the certified copy?
$40 (Gov. Code §70626(a)(4)). The $15 dissolution rate does not apply.
Do I need an exemplified copy?
Only if the destination requires it ($50 + page fees).
Common destinations
Countries this document is most often sent to (pulled from this page's own guidance). Every destination has its own rulebook — apostille (Hague) or full legalization (non-Hague).