Fill out and file form DE-221 explaining why the property belongs or should legally pass to the surviving spouse and describing the property. Step 1: Prepare and file the following forms (you will need to provide the original and at least one photocopy of each form).Santa Clara County Affidavit of Surviving Spouse Form. Fill in the blank form formatted to comply with all recording and content requirements. Once completed, note the SST number and come into our office to finish the process. Succeeding to Community Property (California Probate Code Section 13540). 1. Gather the necessary documents related to the deceased. In the following sections, we review what a bank account beneficiary is and how to find out if you've been designated as one. Obtain and complete the California small estate affidavit. Such heirs might include a surviving spouse, children, and other next of kin.