A California small estate affidavit form (or SEA) is a legal form filed when an individual dies, leaving behind the personal property and no will regarding who should get what. It is convenient for the closest people to claim the decedent’s estate without undergoing the lengthy court process.
Usually, a SEA form should include:
Besides the items listed above, a small estate affidavit usually contains a list of the decedent’s debts and other relevant expenses. Because the rules for creating such a document vary from state to state, the templates also differ. Each state has different requirements regarding:
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The California Probate Code, Division 8, Part 1 regulates creating a SEA form. Sections 13100–13117 describe the majority of the rules and laws that cover the topic. The official name of this paper in California is the “Affidavit for Collection of Personal Property.”
The value of the decedent’s properties should not be more than 166,250 US dollars. To file the California small estate affidavit form, 40 days must pass from the day of death. These provisions are included in Section 13100 of the local Probate Code.
Most American states make it mandatory to notarize small estate affidavits. California is not an exception. Section 13104 of the Probate Code obliges you to notarize this paper.
| Max. Estate | $166,250 |
| Min. Time to Wait After Death | 40 days |
| Filing Fee | $435 |
| State Laws | California Probate Code, Sections 13000 to 13211 |
To avoid problems while creating a small estate affidavit form in California, follow the below steps to complete the official document – Form SB 13100.
To complete the California SEA form, you need a template that correlates with the local standards. Use our form-building software to download the correct file.
Please note that there are several types of small estate affidavit forms, and one of them is for vehicles. However, here, we will look at the general SEA form.
The California SEA form should begin with the decedent’s details. Insert their name, date of death, county, and state where it happened.
Further, state if there is any process happening with the decedent’s estate already or not. You will have two options. Choose one.
In Section V, you should state if the subject property item includes any real property. Opt for one of the suggested statements.
Next, you have to list the estate of the decedent that heirs are aspiring to own.
Name all the people aspiring to receive the items of the decedent’s property.
In Section VIII, you should state whether you are the successor or the one who acts on behalf of the deceased. To understand the difference, check out Sections 13006 and 13051 of the California Probate Code.
After choosing the type of relations between you and the decedent, sign the affidavit and add your name and current date.
Remember that in California, it is mandatory to notarize a SEA form. So, after appending your signature, ask a public notary agent to verify the document.
