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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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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232