the total net value of the estate cannot be more than $184,500 for it to qualify under this process and bypass probate. the state filing fee is $435. the california decedent whose property is being discussed should be named. thus produce the california deceased’s complete name to the statement provided. transcribe the date when the california decedent was pronounced dead where this information is requested. a probate determination or judgment) have been issued in the state of california regarding the decedent’s estate or that no administrative proceedings are currently underway. fill in or select the first checkbox article 3 presents to report no proceedings (probate or otherwise) concerning the decedent’s estate have been completed or are currently active. select the second checkbox to indicate the decedent’s personal representative has already consented to how the decedent’s estate and assets will be handled. if the decedent owned real property (i.e. the first checkbox statement of article 5 must be selected as an indication that the decedent owned real property and an attachment to this form discussing this inventory should be reviewed.
if this is not the case, then leave this statement unselected. if more appropriate, choose the second checkbox to indicate the decedent did not own real property at the time of death. a record of any of the decedent’s property or assets expected to be dispersed outside of probate or a written last will and testament must be documented. define the successor of the decedent as per his or her will or (in the absence of a will) the generally accepted successor to the decedent’s property (i.e. the decedent’s spouse). select the first statement if the declarant behind this affidavit is the decedent’s successor as named by the decedent’s will or generally accepted as such by surviving the decedent (i.e. if the declarant is acting on behalf of the successor, then select the second statement. for instance, if the declarant of this affidavit is a court-appointed conservator or guardian of the successor then select this statement’s checkbox. before signing this document, each declarant must enter the current calendar date to the signature area. the california notary public attending this signing will control this paperwork during the notarization process then return it to the declarant once the location of the signing, the names of the signature parties, and his or her credentials and seal are supplied. our support agents are standing by to assist you.
the heirs are required to fill out and sign in front of a notary public, an affidavit that conforms to california law. the affidavit and certified copy of the death certificate can be presented to a bank, financial institution, self-storage facility, or similar holder of the decedent’s property. normally, the affidavit includes a hold harmless clause that will indemnify the holder of property against any and all claims that the holder of the property wrongfully transferred the property of the decedent to the claimant.
any holder of property must relinquish the property to the claimant when presented with the affidavit and the certified copy of the death certificate. the claimant can give a demand letter to the holder of the property and then file a court action with the probate court to order that the property be released. 7. present the affidavit and certified copy of the death certificate to any and all holders of the property of the decedent.
(check one):. □ no proceeding is now being or has been conducted in california for administration of the decedent’s estate. (a) collect any particular item of property that is money due the decedent. (b) receive any particular item of property that is tangible personal property of the affiant or declarant is the successor of the decedent [as defined in california probate code §13006] to the decedent’s interest in the described property. 9, printable probate form 13100, printable probate form 13100, how to fill out california probate code section 13100, california small estate affidavit 2021, affidavit for collection of personal property california.
probate code) to the decedent’s interest in the described property. □ the affiant or declarant is authorized under section 13051 of the california probate code probate. if the decedent’s estate qualifies under california pro. code §§ 13100-13116, the person(s) entitled to the property may present a small estate the following property is to be paid, transferred or delivered to the undersigned according to. probate code § 13006 (describe the property to be transferred):., affidavit for collection of personal property california pdf, small estate affidavit california, california probate code 13100-13115, california affidavit form pdf.
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