Affidavit Of Possession With Intent
Description
How to fill out Affidavit Of Possession With Intent?
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FAQ
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.
The Affidavit of Heirship form you file must contain:The decedent's date of death.The names and addresses of all witnesses.The relationships the witnesses had with the deceased.Details of the decedent's marital history.Family history listing all the heirs and the percentage of the estate they may inherit.
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)).
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.