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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)).
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.
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.
I explained that California law requires filing the original will in the probate court. However, if a will is lost we can file a petition for admittance of a lost will. I assured her I do this all the time. I explained that I would send her an email with the initial probate documents and a FedEx return label.
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.