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  • Affidavit - Death Of Spouse California Probate Code

Get Affidavit - Death Of Spouse California Probate Code

RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: SPACE ABOVE THIS LINE IS FOR RECORDER IS USE Assessors Parcel No. Title Order No. Escrow No. AFFIDAVIT DEATH OF SPOUSE.

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How to fill out the affidavit - death of spouse California probate code online

Filling out the affidavit for the death of a spouse is an important process in managing the legalities following a partner's passing. This guide will walk you through each section of the form, ensuring you understand the requirements to complete it accurately online.

Follow the steps to successfully complete the affidavit form online.

  1. Press the ‘Get Form’ button to obtain the affidavit - death of spouse and access it in a form editor.
  2. Begin by entering the state and county where the affidavit is being completed at the top of the form. This sets the legal jurisdiction.
  3. In the declaration section, fill in your name as the declarant, affirming you are of legal age.
  4. Provide the name of the decedent as listed in the attached certified death certificate, including their date of death.
  5. Confirm your marital status to the decedent, verifying you were legally married at the time of their passing.
  6. Describe the property involved by entering the details of the real property, including the title order number and escrow number if applicable.
  7. State whether a will exists by selecting the appropriate statement. If no will is found, choose the first statement, or if a will exists that devises the property to you, select the second statement.
  8. Indicate that the real property has been recognized as community property between you and the decedent.
  9. Affirm that no elections have been filed in any probate proceedings regarding the real property.
  10. Specify that the affidavit is for the benefit of the grantees and any future dealings with the real property.
  11. Declare your willingness to testify regarding the truths declared in the affidavit.
  12. Finally, sign and date the affidavit to validate it. Ensure you have it notarized by having a notary confirm your identity at the bottom section of the form.

Complete your affidavit online now to ensure you manage your legal documentation effectively.

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(1) “Tangible personal property” means articles of personal or household use or ornament, including, but not limited to, furniture, furnishings, automobiles, boats, and jewelry, as well as precious metals in any tangible form, such as bullion or coins and articles held for investment purposes.

13006. "Successor of the decedent" means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent's will.

Under California Probate Code § 13601(a), to collect salary or other compensation of a deceased spouse or registered domestic partner (“Decedent”), the surviving spouse, registered partner, guardian or conservator of the estate must complete this Affidavit under penalty of perjury under the laws of California.

2021 California Code Probate Code - PROB PROBATE CODE. DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS [1 - 88] DIVISION 2 - GENERAL PROVISIONS [100 - 890] DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925]

Code §§ 13100-13116, the person(s) entitled to the property may present a Small Estate Affidavit, commonly known as an Affidavit for Collection of Personal Property, to the person or institution having custody of the property, requesting that the property be delivered or transferred to the successor.

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.

Terms Used In California Probate Code 13106 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Decedent: A deceased person.

Terms Used In California Probate Code 13540 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

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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