Small Estate Declaration Under California Probate Code Sections 13100-13115 Th e un dersign ed h ereb y de clare(s): 1. I, make this declaration to induce bank/holder of property to tra ns fer to.

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How to fill out the Small Estate Form 13100 California online

The Small Estate Form 13100 is a crucial document used to facilitate the transfer of a deceased person's property to their successors in California. This guide provides clear instructions to help individuals fill out the form accurately and efficiently online.

Follow the steps to complete the form online.

  1. Click ‘Get Form’ button to obtain the form and open it for editing.
  2. Begin by entering your name and indicating the bank or property holder from whom you are requesting the transfer of the property.
  3. Fill in the details regarding the deceased, including their name, city, county, and the approximate date of death.
  4. Confirm that at least 40 days have passed since the deceased’s death by attaching a certified copy of the death certificate.
  5. State that no probate proceedings are currently underway in California for the administration of the deceased's estate.
  6. Provide the gross value of the deceased's real and personal property not exceeding $100,000, and list the relevant bank information, including the name, address, and account number.
  7. Declare your status as the successor to the deceased's interest in the described property.
  8. Indicate that no other individual has a claim to the interest of the deceased in the property.
  9. Enter your name, address, relationship to the deceased, and age.
  10. Make a request for the described property to be transferred to you and agree to hold the bank or property holder harmless from any liabilities.
  11. Finally, affirm the information is true and correct under penalty of perjury. Provide the date and your signature.
  12. After completing the form, you can save changes, download, print, or share the document as needed.

Start completing your Small Estate Form 13100 online to ensure a smooth transfer of property.

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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.

If the assets are valued at $166,250 or less, the estate is considered a small estate under the new California law.

The California small estate affidavit, called a Petition to Determine Succession to Real Property, is used by successors in interest to a person who died to collect real and personal property totaling $166,250 or less in California. It cannot be filed until 40 days have elapsed since the person died.

Obtain and complete the California small estate affidavit. You must obtain the form used by the probate court in the county where the deceased was a resident. You can obtain it in person or by accessing your court's self-help center online and downloading the form there.

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