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  • Affidavit Under California Probate Code Section 13101

Get Affidavit Under California Probate Code Section 13101

AFFIDAVIT UNDER CALIFORNIA PROBATE CODE SECTION 13101The undersigned state(s) as follows: (name of decedent) died on (date), in the City of , County of , State of and:1. At least forty days have elapsed.

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How to fill out the affidavit under California probate code section 13101 online

Completing the affidavit under California probate code section 13101 is crucial for transferring property after someone's death. This guide provides clear, step-by-step instructions on how to fill out this affidavits online, ensuring you have all the necessary information.

Follow the steps to complete the affidavit effectively.

  1. Click 'Get Form' button to obtain the form and open it in the editor.
  2. Begin by entering the name of the decedent in the section labeled 'name of decedent.' Ensure you accurately spell their full name.
  3. Next, provide the date of the decedent's death in the format of month, day, and year (e.g., MM/DD/YYYY).
  4. Input the city where the decedent passed away in the 'City of' field. Follow this by entering the county in the 'County of' field, and lastly, the state in the 'State of' field.
  5. Confirm that at least forty days have passed since the decedent's death, then include a certified copy of the decedent's death certificate as an attachment.
  6. Select one of the following options: indicate if no proceedings for the decedent's estate are taking place in California, or confirm that the personal representative has consented to the property's transfer.
  7. State the current gross fair market value of the decedent’s real and personal property in California, excluding specified property. Ensure this value does not exceed $150,000.
  8. Choose whether an Inventory and Appraisal of the real property is attached or if there is no real property in the estate, selecting the appropriate option.
  9. Describe the property you wish to have transferred to your name. If this information requires more space, feel free to attach additional sheets.
  10. Identify the successor(s) of the decedent as defined by Probate Code Section 13006.
  11. Choose whether you are a successor of the decedent’s interest in the property or authorized to act on behalf of the successors.
  12. Affirm that no other individual has a superior right to the decedent's interest in the described property.
  13. Finally, request that the described property be paid, delivered, or transferred to you. Sign and date the affidavit to complete it.
  14. If a notary public needs to verify your identity, be prepared to provide the necessary information including the date and the name of the notary.
  15. Once completed, save your changes. You may then choose to download, print, or share the completed affidavit as necessary.

Start filling out the affidavit online today to ensure a smooth transfer of property.

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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.

Maximum Value of Small Estate: $166,250→$184,500 To use the affidavit for small estates under Probate Code §13100, the value of an estate must be no larger than $184,500. (For deaths prior to April 1, 2022, the maximum value of an estate that could use the small estate affidavit was $166,250.)

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.

What is a declaration under Probate Code section 13101? This form may be used to collect the unclaimed property of a decedent without procuring letters of administration or awaiting probate of the decedent's will if you are entitled to the decedent's property under Section 13101 of the California Probate Code.

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.

(Revised: 01/2021) Probate Code section 13100 provides for the collection or transfer of a decedent's personal property without the administration of the estate or probate of the will.

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