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DE-315 ATTORNEY OR PARTY WITHOUT ATTORNEY (name, address, and State Bar number): After recording, return to: TEL NO.: FAX NO. (optional): E-MAIL ADDRESS (optional): ATTORNEY FOR (name): SUPERIOR COURT.

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How to fill out the DE-315 - Courts Ca online

The DE-315 form, officially known as the Order Determining Succession to Real Property, is a crucial document for those handling the succession of estates valued at $150,000 or less in California. This guide aims to provide clear, step-by-step instructions to assist users in filling out this form effectively.

Follow the steps to fill out the DE-315 form online:

  1. Click ‘Get Form’ button to obtain the form and open it in the editor.
  2. Begin by entering the name, address, and State Bar number of the attorney or party without attorney at the top of the form.
  3. In the section labeled 'After recording, return to', provide the contact information relevant to the filing, including the telephone number, fax number (if applicable), and email address (optional).
  4. Identify the name of the attorney for the matter, if applicable.
  5. Fill in the details of the Superior Court of California, including the county, street address, mailing address, city, zip code, and branch name.
  6. Provide the matter of the estate, the case number, and details regarding the decedent, including their name and the date of their death.
  7. Indicate whether the decedent was a resident or nonresident of California and whether they died intestate or testate.
  8. Confirm that at least 40 days have passed since the decedent's death and that no administration of their estate is being conducted.
  9. If applicable, include a statement of consent from the decedent's personal representative to use the specified probate procedure.
  10. State the gross value of the decedent's real and personal property at the time of death, ensuring it does not exceed $150,000.
  11. List each petitioner as a successor of the decedent, specifying the relation to the property as either a beneficiary under a will or a person succeeding under the Probate Code.
  12. Detail the real and personal property being passed to each petitioner in Attachment 9a, including legal descriptions.
  13. Provide the names of the petitioners and their specific property interests as indicated in Attachment 9b.
  14. Mention any other orders, if applicable, in Attachment 10.
  15. Specify the number of pages attached to the form and date the document.
  16. Finally, review the entries for accuracy, save the form, and opt to print or share as necessary.

Complete your DE-315 form online today to ensure smooth progression of your estate matter.

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Section 13100 - Acts allowed successor of decedent without procuring letters or awaiting probate, Cal. Prob. Code § 13100 | Casetext Search + Citator.

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.

Under Probate Code § 13050, a certain amount of compensation owed to the deceased person (such as unpaid salary or unused vacation) can be excluded from the value of the estate when calculating whether it qualifies for a small estate affidavit procedure.

2021 California Code Probate Code - PROB PROBATE CODE. DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS [1 - 88] DIVISION 2 - GENERAL PROVISIONS [100 - 890] DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925]

(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. (b) The trustee of a trust may act on behalf of the trust.

What Qualifies as a Small Estate? ing to the California probate code §§890, 13000 - to be considered a small estate and avoid probate, the total value of all real property and personal property cannot exceed $184,500.

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.

Section 13105 explicitly says “the court shall award reasonable attorney's fees to the person or persons bringing the action”. In other words, the court must award them. As always, this post is not meant to be an exhaustive recitation or discussion of this area of the law.

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