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CA Declaration Under Probate Code Section 13101 2014 free printable template

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Declaration Under Probate Code Section 13101 The undersigned each for himself or herself and not for the others declare Name of Decedent hereinafter Decedent died in the County of on. The decedent s personal representative has consented in writing to the payment transfer or delivery to the affiant or declarant of the property described in the affidavit or declaration. The current gross fair market value of the decedent s real and personal property in California excluding the property...
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How to fill out CA Declaration Under Probate Code Section 13101

01
Obtain the CA Declaration Under Probate Code Section 13101 form from the appropriate court or legal resource.
02
Fill out your personal information at the top of the form, including your full name, address, and contact information.
03
Provide details about the estate, including the decedent's name, date of death, and any relevant case number.
04
Clearly indicate your relationship to the decedent (e.g., heir, beneficiary, etc.).
05
Complete any sections that require you to affirm your eligibility to file the declaration and your understanding of its implications.
06
Review the filled-out declaration for accuracy and completeness.
07
Sign and date the form as required.
08
File the declaration with the appropriate probate court as instructed.

Who needs CA Declaration Under Probate Code Section 13101?

01
Individuals who are heirs or beneficiaries of an estate in California.
02
Executors or personal representatives of an estate.
03
Any party involved in probate proceedings related to the decedent's estate.
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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.
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.
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.
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.
Section 13051. 13051. For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent's property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending.
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.

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The CA Declaration Under Probate Code Section 13101 is a legal document that certifies the status of a decedent's estate and the qualifications of the personal representative, if applicable, in accordance with California probate law.
The declaration must be filed by the personal representative or executor of the estate, or in some cases, by the administrator if there is no will.
To fill out the declaration, one must provide identifying information about the decedent, detail the relationship of the filer to the decedent, and include specifics about the estate's assets and liabilities.
The purpose of the declaration is to provide the court with verified information regarding the decedent's estate, ensuring transparency and compliance with California probate laws.
The declaration must report the decedent’s name, date of death, details of the probate proceedings, information about assets, claims against the estate, and the names of all beneficiaries.
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