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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 $184,500

Name: California Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $184,500
Brand: US Legal Forms
Price: 59.00 USD

Category:

Probate - Small Estates

State:

California

Control #:

CA-ET10

Format:

Instant download

Description

Pursuant to California statute, if the value of an estate does not exceed $150,000 (in 2022, $184,500), and forty days have elapsed since the death of the decedent, an interested party may demand payment on any debts owed to the decedent through a small estate affidavit.

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Key Concepts & Definitions

Affidavit for Collection of Personal Property: An affidavit for collection of personal property is a legal document used in the United States to facilitate the transfer of personal property of a deceased person to their rightful heir or beneficiary without formal probate. This document is typically used when the total value of the estate meets specific state-defined thresholds, which vary by state.

Step-by-Step Guide

Verify Eligibility: Confirm that the total value of the estate qualifies for small estate proceedings under your state's law.
Obtain the Form: Acquire the correct affidavit form from your local court or online legal resources specific to your state.
Complete the Form: Fill out the affidavit with the required information, including details of the deceased, the heirs, and the property to be collected.
Notarize the Affidavit: Sign the form in front of a notary public to validate the document.
Present to Holder of Property: Provide the notarized affidavit to the entity holding the personal property (e.g., bank, brokerage) to transfer the assets to the designated beneficiaries.

Risk Analysis

Legal Challenges: Incorrectly filed affidavits can lead to disputes among heirs or claims from creditors, potentially requiring more detailed probate proceedings.
State Variations: Each state has different thresholds and rules for using affidavits for collection of personal property, leading to possible complications if not properly followed.
Financial Risks: Mishandling the transfer could lead to financial losses or tax implications for the beneficiaries.

Common Mistakes & How to Avoid Them

Ignores State Laws: Always check and follow your state-specific requirements to avoid legal issues. Consulting a local estate attorney can help.
Filling Errors: Ensure that all information is accurate and thoroughly checked before submitting the affidavit to avoid delays or rejections.
Lack of Documentation: Maintain thorough documentation of all assets, values, and related paperwork in case of future disputes or audits.

FAQ

What is the typical threshold for using an affidavit instead of probate? The threshold varies by state, commonly ranging from $20,000 to $150,000.
Can all types of property be transferred using this affidavit? Typically, this affidavit is used for personal property excluding real estate, but some states might allow for certain exceptions.
How long does it take to process? Once filed, the process duration can vary from immediate to several weeks, depending on the institution holding the property.

Key Takeaways

Using an affidavit for collection of personal property can streamline the process of asset distribution of a deceased person's estate, making it a useful tool in specific scenarios dictated by state laws. Awareness and adherence to these laws is crucial for the smooth execution of the affidavit.

How to fill out California Affidavit For Collection Of Personal Property - Probate Code Section 13100 - Small Estates Under $184,500?

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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 $184,500

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 $184,500

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 $184,500

Description

Related forms

Viewed forms

Key Concepts & Definitions

Step-by-Step Guide

Risk Analysis

Common Mistakes & How to Avoid Them

FAQ

Key Takeaways

How to fill out California Affidavit For Collection Of Personal Property - Probate Code Section 13100 - Small Estates Under $184,500?

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?

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 $184,500

Description

Related forms

Viewed forms

Key Concepts & Definitions

Step-by-Step Guide

Risk Analysis

Common Mistakes & How to Avoid Them

FAQ

Key Takeaways

How to fill out California Affidavit For Collection Of Personal Property - Probate Code Section 13100 - Small Estates Under $184,500?

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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