California Form De 305 PDF Details

The California Form De 305 is a document that tax preparers in the state use to report certain types of income. This form is also used to figure out how much tax needs to be withheld from wages, pensions, and other payments. The deadline for filing this form is usually at the end of January. There are a few things taxpayers need to know about this form before they file it. In this blog post, we will go over the basics of the California Form De 305. We will also provide some tips on how to complete it accurately.

You will discover information regarding the type of form you need to fill out in the table. It can show you the amount of time you will need to fill out california form de 305, what fields you need to fill in and some further specific facts.

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

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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)

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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".

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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

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