California Affidavit - Surving Spouse Succeeding to Title to Community Property
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FAQ
What is an Affidavit of Death? An Affidavit of Death is a sworn statement that someone has passed away. This legal document can help you take care of the some of the administrative tasks after someone's passing, like notifying businesses, courts, and agencies of the death.
An Affidavit of Death should include the following basic information: The Location where the affidavit was signed. The name and address of the person who signed the affidavit (the Affiant) An acknowledgment the Affiant is of legal age. The name of the decedent. The date of the decedent's birth and death.
An Affidavit of Death allows a surviving spouse to establish that their husband or wife has died and they are now the sole owner of any property that the couple held as co-trustors.
What is an Affidavit of Death? An Affidavit of Death is a sworn legal document that attests that a person is dead. Affidavit of Death forms can only be written and signed by someone who has first-hand knowledge of the person's death and is typically accompanied by a certified copy of a death certificate.
California Affidavit of Surviving Spouse Information Section 100(a) of the California Probate Code states that when a married person dies, one-half of the couple's community property belongs to the surviving spouse and the other half stays in the decedent's name, ostensibly for probate distribution.
(Revised: 01/2021) 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.
When you need an affidavit you will need to have the document notarized in order for it to be legally binding. This can be done with a traditional in-person or mobile notary, or an affiant can provide their statement using Remote Online Notarization (RON).
California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).