Thousands of positive reviews can’t be wrong
Read more or give pdfFiller a try to experience the benefits for yourself
Questions & answers
Does a small estate affidavit need to be filed with the court in California?
An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used.
How do I fill out a small estate affidavit in California?
1:32 3:09 California Small Estate Affidavit - Everything You Need to Know YouTube Start of suggested clip End of suggested clip First you'll have to obtain a certified copy of the death certificate. You'll also have to putMoreFirst you'll have to obtain a certified copy of the death certificate. You'll also have to put together an itemized list of assets belonging to the estate.
Does California require a small estate affidavit?
Estates of decedents that do not exceed $166,250 do not need to be probated in California. An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate.
When can you use a small estate affidavit in California?
1. The Small Estate Affidavit. If the total probate estate does not exceed $184,500 (this is the maximum value for deaths occurring on or after April 1, 2022), you can use the small estate affidavit to collect all property other than real estate.
What is a small estate affidavit in California?
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 small estate affidavit need to be notarized in California?
Legally, you are not required to have the affidavit notarized BUT many institutions will ask you to, so it is a good idea to notarize it before you try to use it to transfer the property. 4. If there are other people entitled to inherit the property, they MUST also sign the affidavit.
Related templates