Small Estate Affidavit California Form

• Category: Probate - Affidavits
• State: California
• Control #: CA-DE-305
• Format: PDF

Description

The Small Estate Affidavit California Form (DE-305) is a legal document utilized in California to facilitate the transfer of real property valued at $20,000 or less from a deceased individual's estate without a formal probate process. This form can be used by individuals who qualify as successors to the decedent, such as beneficiaries named in a will or heirs under state law. The affidavit requires specific information including the decedent's name, date of death, and a legal description of the property in question. Additionally, it must note if the decedent was domiciled in California at the time of their death and whether the property is located in the state. It's essential for the declarants to attach a certified copy of the decedent's death certificate and comply with the requirement to serve copies of the affidavit to those named as guardians or conservators of the estate. Providing accuracy in filling out the form is crucial, as improper disclosure can lead to personal liability concerning the decedent’s unsecured debts. The form is particularly beneficial for legal professionals, paralegals, and associates, as it streamlines the estate settlement process for small estates, allowing for efficient property transfer with minimal court intervention. Overall, the Small Estate Affidavit serves as a practical tool for attorneys, partners, and legal assistants working on estate matters, ensuring that essential legal requirements are met.