California Probate 13100 Form With 2 Points

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Multi-State
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US-02168BG
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Description

The California Probate 13100 form is essential for attorneys and legal professionals involved in the probate process, specifically for filing petitions to probate a will and obtain letters testamentary. This form allows a proponent of the will to request the court's approval to manage the estate of a deceased individual, ensuring that the wishes expressed in the will are honored. Key features include sections for identifying the decedent, outlining the proponent's qualifications, and explaining any special circumstances regarding the will's execution or loss. Filling out this form requires attention to detail, including accurate information about the decedent, the relationship of the proponent to the decedent, and the provision of witness details. It is crucial to include the date of death, the date the will was executed, and any relevant background information that supports the petition. Specifically, this form is useful for attorneys, paralegals, and legal assistants who help clients navigate the probate process, as it streamlines the submission of related documentation to the court. Proper editing and review ensure compliance with legal standards, making the California Probate 13100 form a pivotal document in estate law.
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FAQ

Code §§ 13100-13116, the person(s) entitled to the property may present a Small Estate Affidavit, commonly known as an Affidavit for Collection of Personal Property, to the person or institution having custody of the property, requesting that the property be delivered or transferred to the successor.

To be considered small, the estate must be valued under a set amount. That amount can change from year to year. For example, if the decedent died on April 1, 2022, or later, the estate is small if it is valued at $184,500 or less.

Ing to the California probate code §§890, 13000 - to be considered a small estate and avoid probate, the total value of all real property and personal property cannot exceed $184,500.

Probate Code section 13100 provides for the collection or transfer of a decedent's personal property without the administration of the estate or probate of the will.

Probate Code §§ 13100 ? 13115 provide for a summary procedure to transfer the personal property of a decedent without going through a probate action if the decedent's estate is valued at less than $150,000 and at least forty (40) days have elapsed since the death of the decedent.

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California Probate 13100 Form With 2 Points