California Probate Code 13006

Under California's Probate Code Section 13100-13116, successors in interest may file probate form 13100 affidavit for the collection of personal property, also known as a small estate affidavit, with the person or institution which has custody of the property. Get Help with Probate.

Intestate succession refers to the process under California inheritance laws that details what happens to a person's estate assets when that person dies without a last will and testament. California's inheritance laws are straightforward and dictate how a loved one's estate assets will be distributed after they pass

(1) Any property or interest or lien thereon that, at the time of the decedent's death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent's death, or that was held by the decedent and passed to the decedent's surviving spouse pursuant to

The California small estate affidavit, called a Petition to Determine Succession to Real Property, is used by successors in interest to a person who died to collect real and personal property totaling $166,250 or less in California. It cannot be filed until 40 days have elapsed since the person died.

When a person dies without an estate plan, this is known legally as dying intestate. When a person in California dies intestate, their assets will be distributed according to California law. This means that assets will be distributed to surviving relatives in a certain order.

Heirs are the persons who are entitled by law to inherit the property of another upon the person's death. You start by going down to their children. The deceased person's children would be first in line to be his or her heirs at law.

According to California Probate Code § 13006, a successor of the decedent is defined as "the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent's will," if there is a will in place.

However, not all assets under the decedent's control at the time of death are subject to probate. California law provides that a probate of an estate is not necessary if the total value at the time of death of the assets, which are subject to probate, does not exceed the sum of $150,000 (as of 2012).

If the decedent created no will or trust and was not married but has children: All assets are distributed to the decedent's children. If there is more than one child, then assets are shared equally amongst the living children. If a child predeceased the decedent, that child's children will take that child's share.