Get the free CALIFORNIA SMALL ESTATE AFFIDAVIT CA Prob

2014 U.S. Legal Forms, Inc. CALIFORNIA SMALL ESTATE AFFIDAVIT CA Prob. Code 13100 Control Number: CAET10 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain form fields created

How to fill out california small estate affidavit

How to Fill Out California Small Estate Affidavit:

1. Start by gathering the necessary information and documents. You will need the deceased person's death certificate, a list of the assets and their values, as well as any outstanding debts or liabilities that need to be addressed.
2. Identify if you qualify to use the California Small Estate Affidavit. In order to do so, the total value of the estate should not exceed $166,250 for deaths in or before 2020, or $166,375 for deaths in 2021 or thereafter. Additionally, the estate must consist primarily of personal property and not include real estate.
3. Obtain the official California Small Estate Affidavit form, which can be obtained from the Superior Court or downloaded from their website. Make sure you have the most up-to-date version of the form.
4. Carefully read the instructions provided with the form. This will guide you through the specific requirements for filling out the affidavit correctly.
5. Fill out the top section of the form, which includes the deceased person's name and personal information, such as their date of birth and date of death.
6. Proceed to list all the assets of the estate, including bank accounts, vehicles, stocks, and any other personal property. Provide a brief description of each asset and its estimated value at the time of the deceased person's death.
7. In a separate section, detail any debts or liabilities that need to be paid off using the assets of the estate. This could include outstanding loans, unpaid taxes, or credit card debts.
8. Indicate the relationship between the person filling out the affidavit (affiant) and the deceased person. If there are multiple co-affiants, include their information as well.
9. Sign and date the affidavit in the presence of a notary public. Some forms require the notary to witness the signatures of all the co-affiants as well.
10. Submit the completed and notarized Small Estate Affidavit to the appropriate person or entity. This could be the financial institution holding the deceased person's assets, the probate court, or any other entity requiring the affidavit.

Who Needs California Small Estate Affidavit:

1. Individuals who are dealing with the assets of a deceased person and do not qualify for the simplified probate process in California may need to use the Small Estate Affidavit.
2. If the total value of the estate falls below the threshold mentioned earlier, and the assets are primarily personal property, then the Small Estate Affidavit can be used instead of going through a lengthy and formal probate process.
3. The California Small Estate Affidavit can be helpful for family members or individuals who are responsible for distributing the deceased person's assets and need a simpler and quicker method to do so. This affidavit allows for a streamlined process to transfer assets without the need for a court-supervised probate.

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What is california small estate affidavit?

A California small estate affidavit is a legal document that allows heirs to claim assets of a deceased person's estate without going through the formal probate process.

Who is required to file california small estate affidavit?

Only individuals who meet the eligibility requirements set by California law are allowed to file a small estate affidavit.

How to fill out california small estate affidavit?

To fill out a California small estate affidavit, you must gather information about the deceased person's assets and debts, complete the form with accurate details, and sign it in front of a notary public.

What is the purpose of california small estate affidavit?

The purpose of a California small estate affidavit is to simplify the process of transferring assets from a deceased person's estate to their rightful heirs.

What information must be reported on california small estate affidavit?

A California small estate affidavit must include information about the deceased person, their assets and debts, and the heirs who are entitled to receive the assets.