In the realm of managing a deceased person's estate, the complexities and legal requirements can challenge even the most seasoned individuals. Among the myriad forms and documents required in such proceedings, the SC 6021 form stands out for its specific purpose and application within the state of California. This document, formally titled "Declaration Pursuant to California Probate Code Sections 13100-13115," serves as a critical tool for those seeking a simplified method to claim ownership of property left behind by a deceased relative or friend, under certain conditions. The form requires the declarant to affirm that they are the rightful successor or heir to the decedent’s property, which must have a gross value not exceeding $150,000. It necessitates detailed declarations regarding the elapsed time since the decedent's passing, the absence of ongoing proceedings for estate administration within California, consent from the decedent's personal representative if relevant, and a comprehensive description of the property being claimed. Moreover, it addresses situations whether the decedent had a will or died intestate, and where the declarant stands as the sole heir or as one with superior rights among several. Completing this form involves a declaration made under penalty of perjury, reinforcing the gravity and legality of the information provided. Aimed at streamlining the process for transferring property without a formal probate proceeding, the SC 6021 form embodies an essential provision within the legal framework for estate management and inheritance in California.
| Question | Answer |
|---|---|
| Form Name | Form Sc 6021 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | how to filled declaration pursuant to california probate section 13100 13115 form |
DECLARATION PURSUANT TO
CALIFORNIA PROBATE CODE SECTIONS 1 3 1 0 0
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The undersigned, |
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(nam e of declarant ), hereby declares: |
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1. I am t he successor in int erest of decedent |
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(nam e of decedent ), w ho died in |
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(Count y), California on |
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. |
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2.At least 40 days have elapsed since t he deat h of t he decedent , as show n in a cert ified copy of t he decedent 's deat h cert ificat e at t ached t o t his declarat ion.
3. [Check eit her of t he follow ing as appropriat e:]
No proceeding is now being or has been conduct ed in California for adm inist rat ion of t he decedent 's est at e.
[OR]
The decedent 's personal represent at ive has consent ed in w rit ing t o t he paym ent , t ransfer, or delivery of t he propert y described in t his declarat ion.
4.The current gross fair m arket value of t he decedent 's real and personal propert y in California, excluding t he propert y described in California Probat e Code Sect ion 13050, does not exceed one hundred fiftyt housandthousanddollars
(dollars$100,000)($150,000)..
5. The follow ing |
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(e.g. "account ") const it ut es a p ort ion of t he p rop ert y in t he |
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d eced ent 's est at e: |
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(d escrib e |
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propert y claim ed by t his declarat ion – e.g., "current balance in Savings Account No.
6. Decedent died w it hout a w ill and, under Sect ion 6402 of t he California Probat e Code, I am t he decedent 's sole heir at law and t he "successor" of t he decedent (as defined in Sect ion 13006 of t he California Probat e Code) t o t he decedent 's int erest in t he described propert y. [Modify appropriat ely if (i) t he declarant is decedent 's t est at e beneficiary of t he described propert y or (ii) decedent died w it hout a w ill and left m ore t han one int est at e heir, b ut d eclarant has t he sup erior right und er California Prob at e Cod e Sect ion 6402 t o inherit t he d escrib ed propert y.]
7.No ot her person has a superior right t o t he decedent 's int erest in t he described propert y.
8.Pursuant t o t he fact s set fort h above and Sect ions
9.I declare under penalt y of perjury under t he law s of t he St at e of California t hat t he foregoing is t rue and correct .
(Nam e) |
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Declarant |
Dat ed: |
[Not e: If m ore t han one declarant is ent it led t o receive t he described propert y, all should join in execut ing t he declarat ion and t he allegat ions should be m odified t o reflect t he plural.]
www.CalCourtForms.com |
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