Form Lp/sf Dp-1 - Declaration Of Domestic Partnership
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2NOTICE TO POTENTIAL DOMESTIC PARTNER REGISTRANTS
As of July 1, 2003, California's law of intestate succession will change. The
intestate succession law specifies what happens to a person's property when that
person dies without a will, trust, or other estate plan.
Under the law prior to July 1, 2003, if a domestic partner dies without a will, trust,
or other estate plan, a surviving domestic partner cannot inherit any of the deceased
partner's separate property. Instead, surviving relatives, including, for example, children,
brothers, sisters, nieces, nephews, or parents may inherit the deceased partner's
separate property.
Under the law to take effect July 1, 2003, if a domestic partner dies without a will,
trust, or other estate plan, the surviving domestic partner will inherit the deceased
partner's separate property in the same manner as a surviving spouse. This change will
mean that the surviving domestic partner would inherit a third, a half, or all of the
deceased partner's separate property, depending on whether the deceased domestic
partner has surviving children or other relatives. This change does not affect any
community or quasi-community property that the deceased partner may have had.
This change in the intestate succession law will not affect you if you have a will,
trust, or other estate plan.
If you do not have a will, trust, or other estate plan and you do not wish to have
your domestic partner inherit your separate property in the manner provided by the
revised law, you may prepare a will, trust, or other estate plan, or terminate your
domestic partnership.
Under existing law, your domestic partnership is automatically terminated if you
or your partner married or died while you were registered as domestic partners. It is also
terminated by you sending your partner or your partner sending to you by certified mail
a notice terminating the domestic partnership, or by you and your partner no longer
sharing a common residence. In all cases, you are required to file a Notice of
Termination of Domestic Partnership with the Secretary of State in order to establish the
actual date of termination of the domestic partnership. You can obtain a Notice of
Termination of Domestic Partnership from the Secretary of State's office.
If your domestic partnership has terminated because you sent your partner or
your partner sent to you a notice of termination of your domestic partnership, you must
immediately file a Notice of Termination of Domestic Partnership. If you do not file that
notice, your former domestic partner may inherit under the new law. However, if your
domestic partnership has terminated because you or your partner married or you and
your partner no longer share a common residence, neither you nor your former partner
may inherit from the other under this new law.
If you have any questions about this change, please consult an estate planning
attorney. If you cannot find an estate planning attorney in your locale, please contact
your county bar association for a referral.
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