Get CA Declaration Under Probate Code Section 13101 2014-2023

California allows a person with a claim to assets in the estate of someone who has died to collect them without going through formal probate by using an affidavit for collection of personal property, elsewhere called a small estate affidavit. This tool can only be used if the estate is worth less than $166,250.

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.

Section 13101 - Affidavit or declaration furnished holder of decedent's property (a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this chapter, an affidavit or a declaration under penalty of perjury under ...

California Small Estate Affidavit: Instructions 2023 This document allows a petitioner to transfer the unclaimed property of a deceased if the petitioner is entitled to the deceased's assets ing to Section 13101 of the California Probate Code.

Section 13051. 13051. For the purposes of this part: (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.

What Qualifies as A Small Estate? 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.

If the Decedent's “probate property” has an aggregate fair market value of less than $184,500 (in 2023), or the Decedent's property is to pass to the Decedent's surviving spouse, or where the Decedent intended to transfer his/her property to his/her revocable living trust but failed to accomplish such transfer, a “ ...

13103. If the estate of the decedent includes any real property in this state, the affidavit or declaration shall be accompanied by an inventory and appraisal of the real property.