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                Get De-305. Editable And Saveable California Judicial Council Forms
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How to use or fill out the DE-305. Editable And Saveable California Judicial Council Forms online
Filling out the DE-305 form is an essential step for individuals dealing with the real property of a decedent in California. This guide provides clear, step-by-step instructions to help users successfully complete the form online and ensure compliance with legal requirements.
Follow the steps to complete your DE-305 form accurately.
- Click ‘Get Form’ button to obtain the DE-305 form and open it in your chosen editor.
- Fill in the 'Attorney or party without attorney' section with the required information, including name, state bar number, and address.
- Specify the 'Superior Court of California, County of' relevant to your case, and include the case number.
- Provide the decedent’s name, date of death, and place of death (city and state). Ensure accuracy in this information as it is crucial for legal purposes.
- Confirm that the decedent was domiciled in the county listed and specify their interest in the real property.
- Explain the declarants' relation to the decedent (if applicable), indicating if they are a beneficiary under the decedent's will or if they succeeded to the property according to probate law.
- If there were guardians or conservators, list their names and addresses. Remember, a copy of this affidavit and all attachments must be mailed or served to them.
- Attach a certified copy of the decedent's death certificate to the form, signifying that at least six months have elapsed since their death.
- Provide a legal description and the Assessor's Parcel Number (APN) of the real property claimed, ensuring it matches the deed or legal documents.
- Read and declare under penalty of perjury that all information provided is true and correct, then affix your signature and type or print your name.
- If required, include notary acknowledgment and additional signatures from declarants on attached pages.
- Finally, review the completed form for accuracy, then save changes, and choose to download, print, or share the form as needed.
Complete your DE-305 form online today and ensure all necessary documents are duly filled and filed.
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.
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