SB 13100 Probate PDF Details

Navigating the probate process after a loved one has passed away can be a complex and emotionally draining ordeal. However, California's Probate Code Sections 13100-13106 offer a relatively simplified procedure for the collection of personal property by the decedent's successors without formal probate administration. This process, encapsulated in the SB 13100 Probate form, requires the submission of an affidavit for the collection of personal property when certain conditions are met. These conditions include the death of the property owner in California before a specified date, the passage of at least 40 days since the death, the absence of ongoing probate proceedings in California, and the valuation of the decedent's total California estate falling below a certain threshold. Additionally, the claimant must confirm their right to the property as a successor or an authorized individual and affirm that no other has a superior claim. This affidavit, accompanied by requisite documents such as a certified copy of the death certificate and, if applicable, an inventory and appraisal of real property, enables the transfer of the decedent's property quickly and without the need for court proceedings, provided all statutory requirements are strictly adhered to.

QuestionAnswer
Form NameSb 13100 Probate
Form Length2 pages
Fillable?Yes
Fillable fields19
Avg. time to fill out4 min 22 sec
Other namescalifornia probate form 13100 printable, probate form 13100, california small estate affidavit form, ca affidavit

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AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY

UNDER CALIFORNIA PROBATE CODE SECTIONS 13100-13106

The undersigned state(s) as follows:

1.(Decedent’s Name) _____________________________________ died on (date) _______________________, in County of _________________________, State of California [before April 1, 2022].

2.At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the decedent’s death certificate attached to this affidavit or declaration.

3.(Check one):

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.

4.The current gross fair market value of the decedent’s real and personal property in California, excluding the property described in Section 13050 of the California Probate Code, does not exceed $166,250.

5.(Check one):

An inventory and appraisal of the real property included in the decedent’s estate is attached.

There is no real property in the estate.

6.The following property is to be paid, transferred, or delivered to the undersigned under the provisions of California Probate Code Section 13100:

_______________________________________________________________________________________________

_______________________________________________________________________________________________

7.The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are:

_______________________________________________________________________________________________

8.The affiant or declarant (check one):

Is/are the successor(s) of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent’s interest in the described property.

Is/are authorized under Section 13051 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.

9.No other person has a superior right to the interest of the decedent in the described property.

10.The affiant or declarant requests that the described property be paid, delivered or transferred to the affiant or declarant.

The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated:

__________________

 

 

 

Name:

Dated:

__________________

 

 

 

Name:

Updated 1/1/2020

ACKNOWLEDGEMENT

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 MENDOCINO

On ____________________ before me, ________________________________, personally

appeared _____________________________________, proved to me on the basis of

satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

________________________________________ (Seal)

Signature of Notary Public

Updated 1/1/2020

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Filling out forms using this PDF editor is easier than nearly anything. To enhance california probate 13100 the form, there isn't anything for you to do - only continue with the actions listed below:

Step 1: Select the "Get Form Now" button to begin.

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stage 1 to writing small estate affidavit form california

You have to submit the The following property is to be, Probate Code Section, The successors of the decedent as, The affiant or declarant check one, Isare the successors of the, decedents interest in the, Isare authorized under Section, decedent as defined in Section of, No other person has a superior, and The affiant or declarant requests field with the appropriate data.

step 2 to finishing small estate affidavit form california

It is important to note some information inside the section The affiant or declarant affirms, Dated, Dated, Updated, Name, and Name.

Completing small estate affidavit form california part 3

Please be sure to describe the rights and responsibilities of the parties within the STATE OF CALIFORNIA COUNTY OF, On before me personally appeared, I certify under PENALTY OF PERJURY, WITNESS my hand and official seal, and Seal Signature of Notary Public space.

Finishing small estate affidavit form california step 4

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