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

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

Name: California Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $208,850
Brand: US Legal Forms
SKU: CA-ET10
Price: 59.00 USD
Availability: InStock

Category:

Probate - Small Estates

State:

California

Control #:

CA-ET10

Format:

Instant download

What this document covers

The Affidavit for Collection of Personal Property, governed by California Probate Code Section 13100, is a legal document used by interested parties to claim assets from a decedent's estate when the total value does not exceed $208,850. This form is specifically for small estates and allows for the transfer of personal property without formal probate proceedings, streamlining the process compared to other approaches like a full probate petition.

Key parts of this document

A declaration that no admin proceedings are currently ongoing for the decedent's estate.
Affirmation that the estate's value does not exceed $150,000, excluding certain property types.
Attachment of an inventory and appraisal of included real property, if any.
Identification of the specific property to be transferred to the affiant.
Certification that no other party has a superior right to the decedent's interest in the property.
A declaration under penalty of perjury affirming the truthfulness of the information provided.

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Common use cases

This form is appropriate when a person has died, and their estate's total value is less than $208,850. It is used after at least 40 days have passed since the date of death, allowing an interested party to streamline the collection of the decedent's personal property without going through probate. Situations where this affidavit becomes necessary include collecting funds owed to the decedent, accessing bank accounts, or obtaining personal items that are part of the small estate.

Intended users of this form

Individuals who are heirs or beneficiaries of a decedent's estate.
Those who need to collect personal property from a small estate valued at $208,850 or less.
People with no legal representation looking to simplify the process of estate collection.

Instructions for completing this form

Begin by identifying and stating your relationship to the decedent.
Clearly specify the property you wish to collect as part of the affidavit.
Attach an inventory or appraisal document if applicable, particularly for real property.
Sign the affidavit in front of a notary if required, or proceed if notarization is not needed.
Ensure all statements concerning the decedent's estate are complete and truthful before submitting.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

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Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

Failing to wait the required forty days after the decedent's death before filing.
Not including all necessary documentation, such as the inventory or appraisal.
Omitting signature or necessary affirmations, which could lead to rejection of the form.

Why complete this form online

Convenience of accessing and filling out forms from home at any time.
Editability allows users to make adjustments easily before finalizing.
Access to templates drafted by licensed attorneys, ensuring legal accuracy.

Main things to remember

The Affidavit for Collection of Personal Property is intended for small estates in California.
Essential for claiming assets when the estate value is under $184,500.
Must be completed accurately to avoid legal issues and delays.

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FAQ

Excluded property as described in section 13050 of the California Probate Code refers to certain assets that do not count toward the small estate threshold of $184,500. This typically includes specific types of property such as joint tenancy accounts or assets held in trust. Knowing what constitutes excluded property ensures that individuals can properly navigate the California Affidavit for Collection of Personal Property for a smoother estate transfer.

According to California Probate Code section 13006, successors of the decedent include those individuals entitled to inherit the decedent’s property under the terms of a will or through the laws of intestacy. This typically involves heirs, beneficiaries, or those named in legal documents pertaining to the estate. Understanding who qualifies as a successor helps in properly utilizing the California Affidavit for Collection of Personal Property effectively.

California Probate Code 13100 provides specific guidelines for the transfer of small estates to streamline the process for heirs or beneficiaries. This code allows claimants to collect personal property directly, avoiding formal probate court proceedings if the estate value is under $184,500. This process saves time and resources, making the California Affidavit for Collection of Personal Property essential for efficient estate management.

Under the California Probate Code 13100 and 13115, a declaration allows successors to claim personal property by affirming their right to do so after following the prescribed process. This declaration verifies the value of the estate is within the $184,500 limit and that the decedent had no real property. By using the California Affidavit for Collection of Personal Property, individuals can simplify the transfer process while ensuring compliance with the relevant regulations.

Section 13100 of the California Probate Code outlines the process for transferring small estates valued under $184,500 without the need for a full probate proceeding. This section provides a streamlined method through the California Affidavit for Collection of Personal Property, enabling heirs or designated individuals to collect personal property of the decedent more efficiently. Utilizing this section helps beneficiaries avoid the lengthy and often costly probate process.

To fill out a small estate affidavit, start by obtaining the California Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $184,500 form. Carefully provide information about the estate and sign the document in front of a notary. For your convenience, UsLegalForms offers comprehensive resources and templates that walk you through each step of filling out the affidavit correctly.

A California affidavit is a legal document used to affirm facts under penalty of perjury. Specifically, the California Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $184,500 serves as a means for heirs to access a decedent's personal property without probate. This affidavit streamlines the distribution process, making it efficient for small estate management.

To fill out a lack of probate affidavit, you should obtain the California Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $184,500 form. Gather the required information about the decedent and the estate’s value. Completing the affidavit accurately is crucial, and UsLegalForms provides user-friendly templates and instructions to simplify the task.

In California, affidavits must comply with Probate Code Section 13100, particularly for small estates under $184,500. The affidavit allows heirs to collect personal property without going through formal probate. It is important to ensure that the affidavit is signed, notarized, and includes the necessary supporting documents to avoid complications.

To obtain a copy of a small estate affidavit, visit your local probate court or access their online services. You will need to complete the California Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $184,500 form. If you need assistance, resources from UsLegalForms can guide you through the process, ensuring you have the correct documentation.

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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.)

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

What this document covers

Key parts of this document

Related forms

Common use cases

Intended users of this form

Instructions for completing this form

Does this document require notarization?

Get your form ready online

Common mistakes to avoid

Why complete this form online

Main things to remember

Looking for another form?

Viewed forms

Form popularity

FAQ

What is excluded property described in section 13050 of the California probate code?

Who are the successors of the decedent as defined in California probate Code section 13006?

What is California probate code 13100?

What is the declaration pursuant to California probate Code 13100 13115?

What is section 13100 of the California probate code?

How to fill out a small estate affidavit?

What is a California affidavit?

How do I fill out a lack of probate affidavit?

What are the rules for affidavits in California?

How do I get a copy of a small estate affidavit?

Explore more forms

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

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

What this document covers

Key parts of this document

Related forms

Common use cases

Intended users of this form

Instructions for completing this form

Does this document require notarization?

Get your form ready online

Common mistakes to avoid

Why complete this form online

Main things to remember

Looking for another form?

Viewed forms

Form popularity

FAQ

What is excluded property described in section 13050 of the California probate code?

Who are the successors of the decedent as defined in California probate Code section 13006?

What is California probate code 13100?

What is the declaration pursuant to California probate Code 13100 13115?

What is section 13100 of the California probate code?

How to fill out a small estate affidavit?

What is a California affidavit?

How do I fill out a lack of probate affidavit?

What are the rules for affidavits in California?

How do I get a copy of a small estate affidavit?

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