Small Estate Affidavit Form California 2016

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UNDER INSTRUCTIONS OF THE
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What is small estate affidavit form california 2016?

The small estate affidavit form california 2016 is a legal document that allows the heirs of a deceased person to claim the assets of the estate without having to go through the lengthy probate process. It is designed for estates with a total value of $150,000 or less, excluding certain types of property. By completing this form, the heirs can establish their right to the assets and distribute them among themselves according to the law.

What are the types of small estate affidavit form california 2016?

There are two main types of small estate affidavit form california 2016: the personal property affidavit and the real property affidavit. The personal property affidavit is used when the assets of the estate consist mainly of personal belongings such as bank accounts, vehicles, and household items. The real property affidavit is used when the estate includes real estate properties such as houses, land, or buildings. Each type of affidavit has its own requirements and must be filled out correctly to ensure the proper transfer of assets.

Personal property affidavit
Real property affidavit

How to complete small estate affidavit form california 2016

To complete the small estate affidavit form california 2016, follow these steps:

01
Start by providing the basic information about the deceased person, such as their full name, date of death, and county of residence.
02
Identify the heirs and their relationship to the deceased person. Include their names, addresses, and contact information.
03
Specify the assets of the estate and their estimated values. For each asset, describe it in detail and provide any relevant documentation.
04
Sign the affidavit in the presence of a notary public or other authorized person.
05
Submit the completed affidavit to the appropriate court or authority for approval and further processing.

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Questions & answers

Use the Court Locator and find the probate court where the decedent was a resident. The State filing fee is $435.
California Small Estate Affidavit (Affidavit for Collection of Personal Property) Create a high quality document online now! 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”).
In California, if your assets are valued at $150,000 or more and they are not directed to beneficiaries through either a trust plan, beneficiary designation, or a surviving spouse, those assets are required to go through the probate process upon your incapacity or death.
For an estate to qualify as a small estate under California law, the value of the property contained within the estate must not exceed $166,250.
Without opening probate, any assets titled in the decedent's name, including real estate and vehicles, will remain in the decedent's name for an indefinite period of time. This prevents you from selling them to pay off debts, distributing them to the beneficiaries, or keeping registration current.
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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