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CA SB-13100 2014-2025 free printable template
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AFFIDAVIT to comply with California Probate Code 13100-13115 The undersigned hereby declare s 2. I/We make this declaration to induce holder of property to transfer to me/us the described property pursuant to California Probate Code 13100-13115. Foregoing is true and correct. Dated Signature Subscribed and sworn to me before this day of 20 Notary Public in and for said County and State My Commission expires on SB-13100 Rev. 05-2014. 3. Name of decedent died at while a resident of the City of...County of California on or about 4. At least 40 days have elapsed since the death of the decedent as shown in a certified copy of the decedent s death certificate attached to this affidavit or declaration* 5. No proceeding is now being or has been conducted in California for administration of the decedent s estate. 6. The current gross fair market value of the decedent s real and personal property in California excluding the property described in California Probate Code 13050 does not exceed one...hundred 7. fifty thousand dollars 150 000 and includes the following Describe the property to be transferred with sufficient detail to be identifiable. 8. The affiant or declarant is the successor of the decedent as defined in California Probate Code 13006 to the decedent s interest in the described property. 9. No other person has a superior right to the interest of the decedent in the described property. 10. My/Our name s address es relationship s to the decedent and age s are as follows List...12. I/We jointly and severally agree to hold property holder free and harmless and indemnify him/her against all liability claims demands loss damages costs and expense whatsoever that he/she/it may incur because of the transfer payment or delivery to me/us of the property. 3. Name of decedent died at while a resident of the City of County of California on or about 4. At least 40 days have elapsed since the death of the decedent as shown in a certified copy of the decedent s death certificate...attached to this affidavit or declaration* 5. No proceeding is now being or has been conducted in California for administration of the decedent s estate. No proceeding is now being or has been conducted in California for administration of the decedent s estate. 6. The current gross fair market value of the decedent s real and personal property in California excluding the property described in California Probate Code 13050 does not exceed one hundred 7. 6. The current gross fair market value of...the decedent s real and personal property in California excluding the property described in California Probate Code 13050 does not exceed one hundred 7. fifty thousand dollars 150 000 and includes the following Describe the property to be transferred with sufficient detail to be identifiable. fifty thousand dollars 150 000 and includes the following Describe the property to be transferred with sufficient detail to be identifiable. 8. The affiant or declarant is the successor of the decedent as...defined in California Probate Code 13006 to the decedent s interest in the described property.
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Comprehensive Guide to Completing the CA SB-13100 Form
What is the CA SB-13100 form?
The CA SB-13100 form serves as a personal property transfer affidavit, crucial for ensuring the proper transfer of assets in compliance with California’s Probate Code. Individuals are required to use this form when they need to manage a decedent's estate, particularly when there is no will present. Understanding its importance can streamline the probate process, making it essential for heirs.
What are the key components of the CA SB-13100 form?
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Including full name, date of death, and residency to verify the validation of the claim.
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A certified copy of the death certificate is necessary to substantiate the affidavit.
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Clarifies the absence of a will and the appropriate handling of estate matters.
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The estimated current value of the property ensures transparency in the transfer process.
How do you complete the CA SB-13100 form step-by-step?
Filling out the CA SB-13100 form accurately is essential to avoid delays. Start by entering the decedent's personal details clearly to avoid ambiguity. Describe the property to be transferred with precision, ensuring that it is easily understood. It is also important to declare your relationship to the decedent correctly and to sign and date the affidavit, acknowledging that all provided information is true under penalty of perjury.
How can pdfFiller help manage your CA SB-13100 form?
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pdfFiller provides intuitive tools that help streamline the process of editing the form, enabling easy corrections and adjustments.
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Use pdfFiller to electronically sign your CA SB-13100, making it simple to share documents securely with relevant parties.
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Teams can work together effectively on probate cases, sharing the form and facilitating real-time updates.
What are common pitfalls and important considerations regarding the CA SB-13100 form?
Understanding common mistakes can significantly ease the filing process. Many individuals overlook the accuracy needed when filling in the decedent's information, which can lead to denials. It's crucial to ask questions during the filing process to clarify any requirements, especially relating to property rights and potential disputes.
What legal considerations should you keep in mind?
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The CA SB-13100 form operates under specific guidelines outlined in the California Probate Code, ensuring compliance with state laws.
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Incorrect filings may lead to significant legal issues, including the potential for the estate to face scrutiny from the courts.
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Carefully reviewing all filing requirements helps prevent mistakes that could result in legal penalties.
Where can you find resources for further assistance?
Accessing reliable resources can simplify the management of probate matters. California state resources offer a wealth of information, while legal aid organizations can provide direct assistance. Additionally, pdfFiller supports document management with various tools that can enhance your experience with the CA SB-13100 form.
Frequently Asked Questions about small estate affidavit california form
What happens if I do not file the CA SB-13100 form?
Failure to file the CA SB-13100 form when required can lead to delays in transferring property and potentially result in legal complications. Courts may not recognize the transfer of assets without this affidavit, impacting the rights of heirs.
Can I fill out the CA SB-13100 form online?
Yes, you can fill out the CA SB-13100 form online using platforms like pdfFiller. These tools streamline the completion process and allow for easy editing and electronic signing.
Are there fees associated with filing the CA SB-13100 form?
There may be a nominal fee depending on the county in California where you submit the form. It's essential to check with local regulations to understand any costs involved.
How do I obtain a certified copy of the death certificate?
You can obtain a certified copy of a death certificate from the county clerk's office where the death was recorded. This can often be done online or through a mail request.
Who can assist me in filling out the CA SB-13100 form?
Professional legal aid providers or online services such as pdfFiller can provide guidance in filling out the CA SB-13100 form to ensure accuracy and compliance with regulations.
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People Also Ask about california small estate affidavit
What is Section 13000 of the California Probate Code?
The court shall direct the personal representative to pay the money or deliver the property to the person or persons identified by the affidavit or declaration as the successor of the decedent to the extent that the order for distribution determines that the deceased heir or devisee was entitled to the money or
What is the probate code 13000 in California?
ing to the California probate code §§890, 13000 - to be considered a small estate and avoid probate, the total value of all real property and personal property cannot exceed $184,500.
What is the amount for probate code section 13100?
Probate Code §§ 13100 – 13115 provide for a summary procedure to transfer the personal property of a decedent without going through a probate action if the decedent's estate is valued at less than $150,000 and at least forty (40) days have elapsed since the death of the decedent.
What is the limit for 13100 affidavit?
Maximum Value of Small Estate: $166,250→$184,500 To use the affidavit for small estates under Probate Code §13100, the value of an estate must be no larger than $184,500. (For deaths prior to April 1, 2022, the maximum value of an estate that could use the small estate affidavit was $166,250.)
What is Section 13100 of the California Probate Code?
Probate Code §§ 13100 – 13115 provide for a summary procedure to transfer the personal property of a decedent without going through a probate action if the decedent's estate is valued at less than $150,000 and at least forty (40) days have elapsed since the death of the decedent.
What is a small estate affidavit California 13100?
Code §§ 13100-13116, the person(s) entitled to the property may present a Small Estate Affidavit, commonly known as an Affidavit for Collection of Personal Property, to the person or institution having custody of the property, requesting that the property be delivered or transferred to the successor.
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