The Seller's Affidavit is for the Seller to provide a statement of his or her legal name and signature, as well as to certify to other "known as" names. Many times persons sign documents in different ways and the name affidavit is necessary to clarify that the signatures are one and the same person. i.e. John Jones, John T. Jones and J.T. Jones are one and the same person.
Affidavit Without Probate
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How to fill out Affidavit Without Probate?
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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.
An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used.
California Small Estate Affidavit InstructionsObtain and complete the California small estate affidavit. You must obtain the form used by the probate court in the county where the deceased was a resident.Include attachments.Obtain other signatures.Get the documents notarized.Transfer the property.
The Affidavit of Heirship form you file must contain:The decedent's date of death.The names and addresses of all witnesses.The relationships the witnesses had with the deceased.Details of the decedent's marital history.Family history listing all the heirs and the percentage of the estate they may inherit.
If the heirs are only looking to transfer the real estate, with no personal possessions, Form DE-310 must be completed and filed. Signing Requirements Must be notarized (Prob. Code § 13104(e)).
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Applicants may want to seek legal counsel to determine heirs. All heirs must sign a completed affidavit.Applicants may wish to seek legal counsel to determine heirs. If the heirs are only looking to transfer the real estate, with no personal possessions, Form DE310 must be completed and filed. Transferred to the decedent's successors without a formal probate. MODEL: TITLE NUMBER: Federal law and State law requires that you state the mileage in connection with the transfer of ownership.
