Probate Affidavit PDF Details

The undersigned state(s) as follows:

Decedent: The decedent's name, the date the decedent died, and the County where the decedent died in the State of California, before April 1, 2022.

Estate: Check one: no proceeding is now being or has been conducted in California for administration of the estate, or the personal representative consented in writing.

Real property: Check one: an inventory and appraisal of the real property is attached, or there is no real property in the estate.

Successor: The affiant or declarant checks one: is the successor (Section 13006) or is authorized under Section 13051 to act on behalf of the successor.

Notary: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document.

QuestionAnswer
Form NameProbate Affidavit
Form Length2 pages
Fillable?Yes
Fillable fields20
Avg. time to fill out4 min
EditionUpdated 1/1/2020
Other namesProbate Affidavit 13100, Affidavit 13100

How to Fill Out California SB 13100

California SB 13100 at a glance

What it is: This is the Affidavit for Collection of Personal Property under California Probate Code Sections 13100-13106.

Who signs: The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the boxes are true and correct.

A filled-in California SB 13100 example: a daughter collects a checking account

California SB 13100 example filled out, example: a daughter collects a checking account
Maria Lopez, the daughter of Carlos Lopez, fills out the affidavit. He died on 11/05/2021 and she signs on 01/15/2022, more than 40 days later. The picture shows page 1 only, and all its values are invented. No proceeding has been conducted, so the personal representative's consent box stays empty. The estate has no real property, so the inventory and appraisal box stays empty. Maria is the successor herself, so the box for one authorized to act for the successor stays empty. Maria is the only affiant, so the second Dated and Name lines stay empty. The notary completes page 2, so nothing goes in Acknowledgement here.

How to fill out California SB 13100, box by box

Decedent's Name, died on (date), in County of

California SB 13100 example filled out, decedent's Name, died on (date), in County of

The undersigned states as follows: 1. (Decedent's Name) died on (date), in County of, State of California, before April 1, 2022.

No proceeding or the decedent's personal representative has consented

California SB 13100 example filled out, no proceeding or the decedent's personal representative has consented

Check one: No proceeding is now being or has been conducted in California for administration of the decedent's estate, or 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.

An inventory and appraisal or there is no real property

California SB 13100 example filled out, an inventory and appraisal or there is no real property

Check one: An inventory and appraisal of the real property included in the decedent's estate is attached, or there is no real property in the estate.

The following property is to be paid, transferred, or delivered

California SB 13100 example filled out, the following property is to be paid, transferred, or delivered

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

The successor(s) of the decedent

California SB 13100 example filled out, the successor(s) of the decedent

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

The affiant or declarant (check one)

California SB 13100 example filled out, the affiant or declarant (check one)

The affiant or declarant checks 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. Or is/are authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent with respect to the decedent's interest in the described property.

Dated and Name

California SB 13100 example filled out, dated and Name

Dated: Name:

Acknowledgement

California SB 13100 example filled out, 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.

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.

Certified under PENALTY OF PERJURY under the laws of the State of California: the paragraph is true and correct.

More rules for California SB 13100

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.

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

Common questions about California SB 13100

What is a 13100 affidavit?

This is the Affidavit for Collection of Personal Property under California Probate Code Sections 13100-13106. The affiant or declarant requests that the described property be paid, delivered or transferred to the affiant or declarant.

Sources

[1] Affidavit for Collection of Personal Property under California Probate Code Sections 13100-13106, Updated 1/1/2020 (the Official source link on this page).

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