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Affidavit for Collection of Personal Property California Probate Code Section 13100 The undersigned state(s) as follows: 1. State of California.died on, 20, in the County of,2. At least 40 days have.

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How to fill out the Affidavit 13100 online

Filling out the Affidavit 13100 online is a straightforward process that allows individuals to claim personal property after the death of a decedent. This guide will provide you with a clear, step-by-step approach to completing the affidavit accurately.

Follow the steps to complete the affidavit online.

  1. Click ‘Get Form’ button to obtain the form and open it in your preferred online editor.
  2. In the first section, enter the name of the decedent, the date of death, and the county where the death occurred. Ensure that the date format is consistent and correct.
  3. Confirm that at least 40 days have passed since the death of the decedent by referencing the certified copy of their death certificate, which should be attached to your affidavit.
  4. Indicate whether there are any ongoing proceedings in California for the decedent’s estate. Choose the appropriate option: either state that no proceedings are being conducted or indicate that the personal representative has provided written consent.
  5. Provide the current gross fair market value of the decedent's real and personal property in California. Remember, this amount should not exceed $150,000, excluding certain properties outlined in Section 13050.
  6. Attach an inventory and appraisal of the real property included in the decedent’s estate, if applicable. Mention if there is no real property in the estate.
  7. List the property that is to be transferred or delivered to you under California Probate Code Section 13100, detailing any relevant descriptions.
  8. Identify the successor(s) of the decedent as defined in Probate Code Section 13006, and provide any necessary details.
  9. Affirm your status as the successor or the authorized agent of the successor concerning the decedent's property. Ensure you understand your authority under Section 13051.
  10. Assert that no other person has a superior right to the decedent's interest in the described property and request that the property be paid, delivered, or transferred to you.
  11. Finally, sign and date the affidavit. Ensure that all information is accurate, then proceed to save, download, print, or share the completed form as necessary.

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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 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 ...

The document needs to state the following: The name of the person who died. The date and location of the death. That 40 days have passed since the death. That probate has not been initiated. That the estate value does not exceed $166,250. A description of assets to transfer. Names of other successors.

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. Follow the instructions on the form to complete it.

(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.

You're entitled to use the small estate procedure if you have a legal right to inherit from the deceased. People who qualify include a beneficiary in the deceased's will and the guardian or conservator of the estate.

Use the Court Locator and find the probate court where the decedent was a resident. The State filing fee is $435.

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