LEGALDOCS - California Affidavit for Small Estate Collection
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This affidavit allows for the collection of assets belonging to a deceased person, without the need for a probate of the decedent's estate. In California, if the decedent owned less than $100,000 of total personal and real (real estate) property on date of death, an heir who would be entitled to that property, either through a Will of the decedent, or as an heir if there was no Will, can use this procedure to have decedent's assets transferred to the heir. (Probate Code section 13100) Property which is owned by decedent in joint tenancy with another, or owned with a beneficiary designation, is not counted against the $100,000. (Probate Code section 13050)
To use this procedure, you need to attach a certified copy of the decedent's death certificate to this affidavit. Also, if you use this affidavit procedure and obtain decedent's property, and later it is determined that another person had superior rights to this property, you may be liable in a lawsuit, and may have to turn over the property to the other person, and may have to pay that other person's legal fees.
As long as this affidavit procedure is followed, the person, bank, etc. transferring the assets is protected against claim of any other person, unless the party holding the assets knows the information in the affidavit is not true. If the party who should transfer the assets refuses to transfer, and that refusal is later found to be unreasonable, the party holding the assets could be liable to the requesting party for damages and legal fees.
Complete this Form to obtain the California Small Estates Affidavit
- Asset Holder
The name of the holder of Decedent's asset, and to whom this Declaration is directed to, is:
(state full legal name).
- Decedent Information
- Minimum Time since Date of Death
At least 40 days have elapsed since the date of death of the decedent, as shown in a certified copy of the decedent's death certificate which will be attached to the affidavit.
- Pending Probate Proceeding
Chose one of the following:
No proceeding is now being or has been conducted in California for administration of the decedent's estate.
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. (You have to attach a copy of the consent to this form.)
- Value of Estate
The current gross fair market value of the decedent's real and personal property in California, excluding the property described in Section 13050 (joint tenancy property, accounts with beneficiary designations, etc.) of the California Probate Code, does not exceed one hundred thousand dollars ($100,000).
- Description of Property to be Transferred
Enter a description of the Property to be transferred. Be specific. Do not capitalize the first word and do not use a period at the end of the sentence. Complete the following sentence. The Property which belonged to decedent, and which I request you transfer to me, is described as follows:
(for example: "a deposit account with _________ Bank, held in the name of [name of decedent], account number __________" (OR) "all securities, stocks, bonds, and other accounts held with the brokerage house of [name of brokerage], owned by [name of decedent]")
- Name of the Successor in Interest of Decedent
Enter the name or names of the person(s) who is/are entitled to decedent's property, and which will receive Decedent's property by this Declaration:
- Authority to Obtain Property
Chose one of the following:
The declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code (the persons taking under decedent's will, or heirs at law if no will)) to the declarant's interest in the described property.
The declarant is authorized under Section 13051 (trustee, guardian, conservator, etc. of the declarant) 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.
- Superior Right
No other person has a superior right to the interest of the decedent in the described property.
- Place of Signing
This Declaration is signed in the:
This completes the information input for your California Affidavit for Small Estate Collection. When you Send this Form, this program will prepare a Summary of the California Affidavit for Small Estate Collection for your review. Make sure that all facts stated in the Summary are correct in all respects.
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