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The small estate affidavit can be used only if ALL of the following conditions apply: 1 The deceased person died WITHOUT A WILL. If there is a will, a small estate affidavit CANNOT be used whether the will has been offered for probate or not. 2 More than thirty (30) days must have passed since the date of death.
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.
Instructions for SMALL ESTATE AFFIDAVIT Cost is $195.00 & must be submitted when the Affidavit is filed. Court cost includes ONE (1) Certified Copy of the Affidavit & Order Approving. The court will notify applicant should a hearing be requested.
Small Estate Affidavit Process in TexasName and address of decedent.Date of death.Description of assets.Description of debts.Names and addresses of distributes.Signatures of distributees.
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.