This form is an Affidavit of Death of Joint Tenant for use in the State of California. The form is used by surviving tenant with rights of survivorship, as part of the process of assuming full title to the property. The form is pursuant to California Probate Code Sections 210-212.
Title: California Affidavit Form CA for Transfer Without Probate: Detailed Description and Types Introduction: California Affidavit Form CA for Transfer Without Probate is a legal document specifically designed for simplifying the transfer of assets from a deceased person's estate to their beneficiaries or heirs, thereby bypassing the probate process. This article provides a comprehensive description of the California Affidavit Form CA for Transfer Without Probate, its purpose, and different types associated with it. Description: The California Affidavit Form CA for Transfer Without Probate offers an efficient alternative to probate, a lengthy and often costly legal process. By utilizing this form if applicable, beneficiaries or heirs can expedite the asset transfer process. This form is mainly used for certain types of assets, typically including real estate valued at $55,425 or less, as of 2021. Key Components of the California Affidavit Form CA for Transfer Without Probate: 1. Identification Information: The form requires detailed identification information, such as the full legal name of the deceased, date of death, and the county where the decedent resided. 2. Property Description: The form should include a description of the property, including its address and legal description, if applicable. 3. Applicable Affidavit Selection: There are two primary affidavit options associated with the California Affidavit Form CA for Transfer Without Probate: a. Affidavit for Real Property — This option is used when transferring real estate assets without probate. b. Affidavit for Personal Property — This option applies to other non-real estate assets like bank accounts, vehicles, and personal belongings. 4. Beneficiary Information: The form requires the identification information of the beneficiary, including their full legal name, relationship to the deceased, and contact information. 5. Legal Signatures: The Affidavit must be signed by all entitled beneficiaries or heirs, attesting that the information provided is accurate to the best of their knowledge. Types of California Affidavit Form CA for Transfer Without Probate: 1. Affidavit for Real Property: — Small Estate Affidavit (Form DE-305): This affidavit is commonly used to transfer real property with a total gross value of $55,425 or less. — Real Property Transfer Death Certificate Affidavit (Form REV-183): This affidavit is applicable when two co-owners hold property as "joint tenants" with the right of survivorship. 2. Affidavit for Personal Property: — Personal Property Affidavit (Form DE-310): This affidavit applies to assets of relatively low value, such as bank accounts, vehicles, and household items. Conclusion: The California Affidavit Form CA for Transfer Without Probate serves as a valuable tool for streamlining the transfer of assets from a deceased person's estate to beneficiaries without going through the probate process. By understanding the purpose, key components, and types associated with this form, individuals can navigate the asset transfer process more efficiently while complying with the legal requirements.
