How to get a small estate affidavit in California?

To get a small estate affidavit in California, you will need to complete the Small Estate Affidavit California Form 13100. This form can be filled out if the deceased's total estate value is under $166,250. You must also gather necessary documents, such as a death certificate and proof of your relation to the deceased, and then present them to the appropriate court or registry.

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California Affidavit for Collection of Personal Property - Probate...

Small Estate Affidavit California Form 13100

Category:

Probate - Small Estates

State:

California

Control #:

CA-ET10

Format:

Instant download

Description

The Small Estate Affidavit California Form 13100 is a legal document that facilitates the transfer of a decedent's personal property without the need for formal probate proceedings, provided specific criteria are met. Key features include stipulations that at least 40 days must have passed since the decedent's death and that the gross fair market value of the estate does not exceed $150,000. This affidavit can be used when there is no ongoing administration of the estate or with written consent from the decedent's personal representative. Users must attach the decedent’s death certificate, an inventory of the estate, and ensure that no superior claims to the property exist. For those filling out the form, clarity in identifying the decedent, affiant, and property described is crucial. This form is particularly useful for attorneys, paralegals, and legal assistants who support clients in simplifying the heirs’ process of acquiring assets. It enables partners and owners to navigate straightforward estate matters efficiently, ensuring compliance with California probate laws.

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How to fill out California Affidavit For Collection Of Personal Property - Probate Code Section 13100 - Small Estates Under $208,850?

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FAQ

Yes, in California, a small estate affidavit must be notarized to ensure its validity. When you complete the Small Estate Affidavit California Form 13100, you will need to sign it in front of a notary public. Notarization confirms that you are signing the document willingly and that the information provided is accurate. This step is crucial to facilitate the transfer of assets and avoid delays in the process.

Filling out an affidavit, such as the Small Estate Affidavit California Form 13100, involves providing clear and accurate information. Start by entering your details, such as your name and relationship to the deceased. Then, specify the assets and their approximate value, along with any debts of the estate. You can find helpful examples and templates on platforms like USLegalForms to guide you through the process.

To file a small estate affidavit in California, begin by obtaining the Small Estate Affidavit California Form 13100 from the appropriate state resources or legal platforms like USLegalForms. Next, complete the form by providing necessary information about the deceased and the assets involved. Once filled out, you need to submit the form to the probate court in the county where the deceased lived. This process allows you to claim assets without going through a full probate procedure.

To get a small estate affidavit form, visit legal websites that specialize in estate planning documents, such as USLegalForms. They offer the Small Estate Affidavit California Form 13100 for easy download or print. Make sure to look for the updated version to ensure compliance with California laws.

Small estate affidavit forms can be found online on various legal resource websites, including USLegalForms. Look specifically for the Small Estate Affidavit California Form 13100, which is designed for California residents. Additionally, your local courthouse might have physical copies available for you to pick up.

You can obtain a small estate affidavit in California by accessing the Small Estate Affidavit California Form 13100 online. Many legal websites offer downloadable forms for convenience, such as USLegalForms, where you can find this specific form easily. Make sure to check your local courthouse or legal library, as they may also provide hard copies.

To get a small estate affidavit in California, you will need to complete the Small Estate Affidavit California Form 13100. This form can be filled out if the deceased's total estate value is under $166,250. You must also gather necessary documents, such as a death certificate and proof of your relation to the deceased, and then present them to the appropriate court or registry.

You would need a small estate affidavit to facilitate a quick and straightforward transfer of a deceased person's assets when their estate falls below the applicable limit. The Small Estate Affidavit California Form 13100 provides a legal way to settle affairs without the formal probate process, saving time and reducing costs. This is particularly helpful for families wanting to avoid lengthy legal procedures.

A small estate affidavit works by allowing eligible heirs to claim the decedent's property directly without going through probate court. After filing the Small Estate Affidavit California Form 13100, you present it to institutions holding assets, like banks or title companies, to access the deceased's belongings. This process can significantly speed up the distribution of assets.

Not everyone can fill out a small estate affidavit. In California, only the heirs or beneficiaries named in the will, or those entitled to inherit under state law when there is no will, are eligible to complete the Small Estate Affidavit California Form 13100. It is crucial to ensure all eligibility requirements are met to avoid complications.

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Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $208,850

Small Estates General Summary: Small Estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings, provided certain conditions are met. Small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available. Small Estate procedures may generally be used regardless of whether there was a Will. In general, the two forms of small estate procedures are recognized:

1. Small Estate Affidavit Some States allow an affidavit to be executed by the spouse and/or heirs of the deceased and present the affidavit to the holder of property such as a bank to obtain property of the deceased. Other states require that the affidavit be filed with the Court. The main requirement before you may use an affidavit is that the value of the personal and/or real property of the estate not exceed a certain value.
2. Summary Administration Some states allow a Summary administration. Some States recognize both the Small Estate affidavit and Summary Administration, basing the requirement of which one to use on the value of the estate. Example: If the estate value is 10,000 or less an affidavit is allowed but if the value is between 10,000 to 20,000 a summary administration is allowed.

California Summary: Pursuant to California statute, if the value of an estate does not exceed $150,000, and forty days have elapsed since the death of the decedent, the successor of the decedent may demand payment on any debts owed to the decedent through a small estate affidavit.

California Requirements:

California requirements are found in the following statutes:

13100.

Excluding the property described in Section 13050, if the gross value of the decedent s real and personal property in this state does not exceed one hundred fifty thousand dollars ($150,000) and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will, do any of the following with respect to one or more particular items of property:

(a) Collect any particular item of property that is money due the decedent.
(b) Receive any particular item of property that is tangible personal property of the decedent.
(c) Have any particular item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred, whether or not secured by a lien on real property.
(Amended by Stats. 2011, Ch. 117, Sec. 4. Effective January 1, 2012.)

13101.

(a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished to the holder of the decedent s property stating all of the following:
(1) The decedent's name.
(2) The date and place of the decedent's death.
(3) At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the decedent s death certificate attached to this affidavit or declaration.
(4) Either of the following, as appropriate:
(A) No proceeding is now being or has been conducted in California for administration of the decedent s estate.
(B) The decedent s personal representative has consented in writing to the payment, transfer, or delivery to the affiant or declarant of the property described in the affidavit or declaration.
(5) The current gross fair market value of the decedent s real and personal property in California, excluding the property described in Section 13050 of the California Probate Code, does not exceed one hundred fifty thousand dollars ($150,000).
(6) A description of the property of the decedent that is to be paid, transferred, or delivered to the affiant or declarant.
(7) The name of the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the described property.
(8) Either of the following, as appropriate:
(A) The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent s interest in the described property.
(B) The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent s interest in the described property.
(9) No other person has a superior right to the interest of the decedent in the described property.
(10) The affiant or declarant requests that the described property be paid, delivered, or transferred to the affiant or declarant.
(11) The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.
(c) If the particular item of property to be transferred under this chapter is a debt or other obligation secured by a lien on real property and the instrument creating the lien has been recorded in the office of the county recorder of the county where the real property is located, the affidavit or declaration shall satisfy the requirements both of this section and of Section 13106.5.
(d) A certified copy of the decedent s death certificate shall be attached to the affidavit or declaration.
(e) If the decedent s personal representative has consented to the payment, transfer, or delivery of the described property to the affiant or declarant, a copy of the consent and of the personal representative s letters shall be attached to the affidavit or declaration.

(Amended by Stats. 2011, Ch. 117, Sec. 5. Effective January 1, 2012.)

13102.

(a) If the decedent had evidence of ownership of the property described in the affidavit or declaration and the holder of the property would have had the right to require presentation of the evidence of ownership before the duty of the holder to pay, deliver, or transfer the property to the decedent would have arisen, the evidence of ownership, if available, shall be presented with the affidavit or declaration to the holder of the decedent s property.
(b) If the evidence of ownership is not presented to the holder pursuant to subdivision (a), the holder may require, as a condition for the payment, delivery, or transfer of the property, that the person presenting the affidavit or declaration provide the holder with a bond or undertaking in a reasonable amount determined by the holder to be sufficient to indemnify the holder against all liability, claims, demands, loss, damages, costs, and expenses that the holder may incur or suffer by reason of the payment, delivery, or transfer of the property. Nothing in this subdivision precludes the holder and the person presenting the affidavit or declaration from dispensing with the requirement that a bond or undertaking be provided and instead entering into an agreement satisfactory to the holder concerning the duty of the person presenting the affidavit or declaration to indemnify the holder.

(Enacted by Stats. 1990, Ch. 79.)

13103

If the estate of the decedent includes any real property in this state, the affidavit or declaration shall be accompanied by an inventory and appraisal of the real property. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant or declarant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.

(Enacted by Stats. 1990, Ch. 79.)

13104.

(a) Reasonable proof of the identity of each person executing the affidavit or declaration shall be provided to the holder of the decedent s property.
(b) Reasonable proof of identity is provided for the purposes of this section if both of the following requirements are satisfied:
(1) The person executing the affidavit or declaration is personally known to the holder.
(2) The person executes the affidavit or declaration in the presence of the holder.
(c) If the affidavit or declaration is executed in the presence of the holder, a written statement under penalty of perjury by a person personally known to the holder affirming the identity of the person executing the affidavit or declaration is reasonable proof of identity for the purposes of this section.
(d) If the affidavit or declaration is executed in the presence of the holder, the holder may reasonably rely on any of the following as reasonable proof of identity for the purposes of this section:
(1) An identification card or driver s license issued by the Department of Motor Vehicles of this state that is current or was issued during the preceding five years.
(2) A passport issued by the Department of State of the United States that is current or was issued during the preceding five years.
(3) Any of the following documents if the document is current or was issued during the preceding five years and contains a photograph and description of the person named on it, is signed by the person, and bears a serial or other identifying number:
(A) A passport issued by a foreign government that has been stamped by the United States Immigration and Naturalization Service.
(B) A driver s license issued by a state other than California.
(C) An identification card issued by a state other than California.
(D) An identification card issued by any branch of the armed forces of the United States.
(e) For the purposes of this section, a notary public s certificate of acknowledgment identifying the person executing the affidavit or declaration is reasonable proof of identity of the person executing the affidavit or declaration.
(f) Unless the affidavit or declaration contains a notary public s certificate of acknowledgment of the identity of the person, the holder shall note on the affidavit or declaration either that the person executing the affidavit or declaration is personally known or a description of the identification provided by the person executing the affidavit or declaration.

(Enacted by Stats. 1990, Ch. 79.)

Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $208,850

California Requirements:

California requirements are found in the following statutes:

13100.

13101.

(Amended by Stats. 2011, Ch. 117, Sec. 5. Effective January 1, 2012.)

13102.

(Enacted by Stats. 1990, Ch. 79.)

13103

(Enacted by Stats. 1990, Ch. 79.)

13104.

(Enacted by Stats. 1990, Ch. 79.)

Small Estate Affidavit California Form 13100

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Where can I get a small estate affidavit in California?

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Trusted and secure by over 3 million people of the world’s leading companies

Small Estate Affidavit California Form 13100

Description

Get your form ready online

Looking for another form?

Viewed forms

How to fill out California Affidavit For Collection Of Personal Property - Probate Code Section 13100 - Small Estates Under $208,850?

Form popularity

FAQ

Does a small estate affidavit need to be notarized in California?

How do you fill out an affidavit example?

How to file a small estate affidavit in California?

Where do you get a small estate affidavit form?

Where can I get small estate affidavit forms?

Where can I get a small estate affidavit in California?

How to get a small estate affidavit in California?

Why would you need a small estate affidavit?

How does a small estate affidavit work in California?

Can anyone fill out a small estate affidavit?

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