California Form De 305 PDF Details

In the landscape of California's legal procedures for handling the estates of deceased persons, the DE-305 form plays a significant role in simplifying the process under specific circumstances. Officially titled "Affidavit re Real Property of Small Value ($55,425 or Less)," this document serves as an expedited means for transferring property when the deceased's estate falls below a certain financial threshold, specifically set at $55,425. This form, codified under Probate Code §13200 and adopted for mandatory use by the Judicial Council of California, allows successors of the decedent—whether through a will or by intestate succession—to claim interest in real property without the need for a protracted probate process. It mandates the provision of detailed information, including the decedent's domicile status at the time of death, a legal description of the property in question, and the value of the deceased's real property interests within California, excluding certain types of property. Additionally, it requires disclosures regarding the decedent's successors and any proceedings or debts related to the estate. The DE-305 form, with its attachments, underscores the state's commitment to streamlining legal processes for its citizens, offering a path to swift resolution for small estates while ensuring due diligence and accuracy in document preparation and submission.

QuestionAnswer
Form NameCalifornia Form De 305
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesAffidavit of Real Property of Small Value declaration for collection of property without probate fillable form

Form Preview Example

Page 1 of 2
Probate Code, § 13200 www.courts.ca.gov

DE-305

ATTORNEY OR PARTY WITHOUT ATTORNEY (name, address, and State Bar number):

After recording return to:

TEL NO.:

FAX NO.:

 

EMAIL ADDRESS:

 

 

 

ATTORNEY FOR (name):

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

STREET ADDRESS:

 

 

 

MAILING ADDRESS:

 

 

 

CITY AND ZIP CODE:

 

 

 

BRANCH NAME:

 

 

FOR RECORDER'S USE ONLY

 

 

 

 

 

 

 

MATTER OF (name):

 

 

CASE NUMBER:

 

 

DECEDENT

 

AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE

FOR COURT USE ONLY

 

($55,425 or Less)

 

1.Decedent (name): died on (date):

2.Decedent died at (city, state):

3.At least six months have elapsed since the date of death of decedent as shown in the certified copy of decedent's death certificate attached to this affidavit. (Attach a certified copy of decedent's death certificate.)

4.a. Decedent was domiciled in this county at the time of death.

b. Decedent was not domiciled in California at the time of death. Decedent died owning real property in this county.

5.a. The legal description and the Assessor's Parcel Number (APN) of decedent's real property claimed by the declarant(s) are provided on an attached page labeled Attachment 5a, "Legal Description." (Copy legal description exactly from deed or other legal instrument.)

b.Decedent's interest in this real property is as follows (specify):

6.Each declarant is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in the real property described in item 5a, or signs this declaration on behalf of an entity that is a successor of decedent and to decedent's interest in the real property, and no other person or entity has a superior right, because each declarant or entity is:

a. (will) a beneficiary that succeeded to the property under decedent's will. (Attach a copy of the will.)

b. (no will) a person who succeeded to the property under Probate Code sections 6401 and 6402.

7. Names and addresses of each guardian or conservator of decedent's estate at date of death:

 

none

 

are as follows:*

 

 

Names

Addresses

 

 

(*You must mail [or serve, per Prob. Code, § 1216] a copy of this affidavit and all attachments to each guardian or conservator listed above. You may use Judicial Council form POS-030 for a proof of mailing or form POS-020 for a proof of personal service.)

8.The gross value of decedent's interest in all real property located in California as shown by the attached Inventory and Appraisal— excluding the real property described in Probate Code section 13050 (property held in joint tenancy or as a life estate or other interest terminable upon decedent's death, property passing to decedent's spouse, property in a trust revocable by the decedent,

etc.)—did not exceed $55,425 as of the date of decedent's death.

Form Adopted for Mandatory Use Judicial Council of California DE-305 [Rev. January 1, 2020]

AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE

($55,425 or Less)

DE-305

MATTER OF (Name):

DECEDENT

CASE NUMBER:

9.An Inventory and Appraisal of all of decedent's interests in real property in California is attached. The appraisal was made by a probate referee appointed for the county in which the property is located. (You must prepare the Inventory on Judicial Council forms DE-160 and DE-161. You may select any probate referee appointed for the county for the appraisal. The California State Controller's Office has a list of all probate referees, shown by county on its website, and each court has a list of probate referees appointed for its county. Check with the probate referee you select or consult an attorney for help in preparing the Inventory.)

10.No proceeding is now being or has been conducted in California for administration of decedent's estate.

11.Funeral expenses, expenses of last illness, and all known unsecured debts of the decedent have been paid. (NOTE: You may be personally liable for decedent's unsecured debts up to the fair market value of the real property and any income you receive from it.)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME)*

 

 

 

 

(SIGNATURE OF DECLARANT)

Date:

 

 

 

 

 

 

 

 

 

(TYPE OR PRINT NAME)*

 

 

(SIGNATURE OF DECLARANT)

 

 

 

 

 

SIGNATURE OF ADDITIONAL DECLARANTS ATTACHED

*A declarant claiming on behalf of a trust or other entity should also state the name of the entity that is a beneficiary under the decedent's will, and declarant's capacity to sign on behalf of the entity (e.g., trustee, Chief Executive Officer, etc.).

NOTARY ACKNOWLEDGMENT

(NOTE: No notary acknowledgment may be affixed as a rider (small strip) to this page. If addi-

tional notary acknowledgments are required, they must be attached as 8-1/2-by-11-inch pages.)

 

 

 

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA, COUNTY OF (specify):

On (date):

, before me (name and title):

personally appeared (name(s)):

 

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the instrument in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the

 

(NOTARY SEAL)

State of California that the foregoing paragraph is true and correct.

 

 

WITNESS my hand and official seal.

 

 

 

 

 

 

 

(SIGNATURE OF NOTARY PUBLIC)

 

 

 

 

 

 

(SEAL)

 

 

 

 

 

 

CLERK'S CERTIFICATE

I certify that the foregoing, including any attached notary acknowledgments and any attached legal description of the property (but excluding other attachments), is a true and correct copy of the original affidavit on file in my office. (Certified copies of this affidavit do not include the

(1) death certificate, (2) will, or (3) inventory and appraisal. See Probate Code section 13202.)

Date:

Clerk, by

, Deputy

 

DE-305 [Rev. January 1, 2020]

AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE

($55,425 or Less)

Page 2 of 2

For your protection and privacy, please press the Clear This Form button after you have printed the form.

Print this form

Save this form

Clear this form

How to Edit California Form De 305 Online for Free

The California Form De 305 filling in procedure is hassle-free. Our editor allows you to work with any PDF file.

Step 1: Click the button "Get Form Here".

Step 2: You'll find all of the options you can use on your template as soon as you've accessed the California Form De 305 editing page.

These parts are contained in the PDF file you will be filling out.

California Form De 305 empty spaces to complete

You have to enter the essential information in the At least six months have elapsed, a b, Decedent was domiciled in this, The legal description and the, Each declarant is a successor of, will a beneficiary that succeeded, no will a person who succeeded to, Names and addresses of each, none, are as follows, Names, and Addresses area.

Completing California Form De 305 stage 2

You may be asked to enter the information to let the platform complete the section You must mail or serve per Prob, Page of, Form Adopted for Mandatory Use, AFFIDAVIT RE REAL PROPERTY OF, and Probate Code wwwcourtscagov.

California Form De 305 You must mail or serve per Prob, Page of, Form Adopted for Mandatory Use, AFFIDAVIT RE REAL PROPERTY OF, and Probate Code wwwcourtscagov blanks to fill out

In the part MATTER OF Name, CASE NUMBER, DECEDENT, An Inventory and Appraisal of all, No proceeding is now being or has, Funeral expenses expenses of last, I declare under penalty of perjury, Date, Date, TYPE OR PRINT NAME, SIGNATURE OF DECLARANT, TYPE OR PRINT NAME, SIGNATURE OF DECLARANT, and SIGNATURE OF ADDITIONAL DECLARANTS, list the rights and responsibilities of the parties.

stage 4 to filling out California Form De 305

Finish by reviewing these fields and filling them out correspondingly: A notary public or other officer, STATE OF CALIFORNIA COUNTY OF, On date, before me name and title, personally appeared names, who proved to me on the basis of, I certify under PENALTY OF PERJURY, NOTARY SEAL, WITNESS my hand and official seal, SIGNATURE OF NOTARY PUBLIC, SEAL, CLERKS CERTIFICATE, and I certify that the foregoing.

Finishing California Form De 305 step 5

Step 3: Select the Done button to save your file. So now it is obtainable for upload to your device.

Step 4: It will be easier to prepare copies of your form. You can rest easy that we are not going to distribute or view your information.

Watch California Form De 305 Video Instruction

California Form De 305 isn’t the one you’re looking for?

Related Documents

  • De 140 Form

    "... Telephone and fax no attorney. State bar number, address and phone number of party. Attorney for name Superior Court of California County of City and Zip Code Branch Name Estate of Decedent. The court grants ..."

  • California Form De 4

    "... Employee withholding Allowance Certificate Number of allowances to regular withholding amounts worksheet Total number of allowances to be withheld when you use the california tax withholding schedules 2007 total amount of allowances to withheld each ..."

  • De 1 Edd Form

    "... You can now register to be a commercial employer online. This saves you time and paper. ..."

  • De 120

    "... This notice has been filed by specify de 120 party or attorney without state bar number, and address for court court use only superior county of California estate of decedent case number. Although this notice ..."

Please rate California Form De 305

2 Votes

Related Resources

If you believe this page is infringing on your copyright, please familiarize yourself with and follow our DMCA notice and takedown process - click here to proceed .