CA Affidavit Under Probate Court Section 13101 - Contra Costa County 2015-2025 free printable template

AFFIDAVIT UNDER CALIFORNIA PROBATE CODE SECTION 13101The undersigned state(s) as follows: (name of decedent) died on (date), in the City of, County of, State of and:1. At least forty days have elapsed

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How to fill out CA Affidavit under California probate court section 13101

1. Obtain the CA Affidavit form prescribed by the California probate court.
2. Fill in the title of the estate and the name of the deceased.
3. Provide personal details including your name, address, and relationship to the deceased.
4. Specify the value of the estate and include a description of the property.
5. Confirm that the estate does not exceed the limit set by California probate laws.
6. Sign the affidavit in the presence of a notary public.
7. File the completed affidavit with the appropriate probate court.

Who needs CA Affidavit under California probate court section 13101?

1. Individuals who are beneficiaries of an estate valued at $166,250 or less.
2. Heirs seeking to transfer property to themselves without formal probate proceedings.
3. People acting on behalf of a deceased person’s estate for asset transfer purposes.

People Also Ask about

Do I have to file a small estate affidavit with the court in California?

A Small Estate Affidavit is not filed with the Court. It is given to the person, company, or financial institution that has the Decedent's property. ➢ If the Decedent died before April 1, 2022, use Affidavit 1.

What is a California affidavit of Collection of estate assets?

A California small estate affidavit, or “Petition to Determine Succession to Real Property,” is used by the rightful heirs to an estate of a person who died (the “decedent”). The total net value of the estate cannot be more than $184,500 for it to qualify under this process and bypass probate.

Does a California small estate affidavit need to be notarized?

While the state of California does not require you to get the form notarized, you will need to present the document to financial institutions to get the deceased's property transferred, and they will require that it be notarized.

How do I fill out a small estate affidavit in California?

The document needs to state the following: The name of the person who died. The date and location of the death. That 40 days have passed since the death. That probate has not been initiated. That the estate value does not exceed $166,250. A description of assets to transfer. Names of other successors.

What is California affidavit for collection of personal property?

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.

What is an affidavit under California Probate Code section 13101?

What is a declaration under Probate Code section 13101? This form may be used to collect the unclaimed property of a decedent without procuring letters of administration or awaiting probate of the decedent's will if you are entitled to the decedent's property under Section 13101 of the California Probate Code.

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What is CA Affidavit under California probate court section 13101?

The CA Affidavit under California probate court section 13101 is a legal document that allows a successor to a decedent's estate to collect personal property without formal probate proceedings, provided the value of the property does not exceed a certain threshold.

Who is required to file CA Affidavit under California probate court section 13101?

The CA Affidavit must be filed by a successor in interest to the decedent's property, typically a beneficiary or heir who is entitled to receive the property according to the decedent's will or the laws of intestate succession.

How to fill out CA Affidavit under California probate court section 13101?

To fill out the CA Affidavit, one must provide information such as the decedent's name, date of death, a detailed description of the property, the estimated value of the property, the relationship to the decedent, and a statement affirming that no probate proceedings are currently ongoing.

What is the purpose of CA Affidavit under California probate court section 13101?

The purpose of the CA Affidavit is to facilitate the transfer of personal property of a decedent without the need for formal probate, thereby simplifying the process for successors and allowing them to access the estate quickly.

What information must be reported on CA Affidavit under California probate court section 13101?

Information required on the CA Affidavit includes the decedent's name, date of death, relationship to the affiant, a description of the property, estimated value of the property, and a declaration that the affiant is entitled to administer the property in accordance with California law.