AFFIDAVIT UNDER CALIFORNIA PROBATE CODE SECTION 13100 - marincourt 2025

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An affidavit of heirship is a document that can be used in some states to transfer ownership of property left by a deceased person to their family. This allows for property to be inherited without a will or a court proceeding.
Code 13100-13116, the person(s) entitled to the property may present a Small Estate Affidavit, commonly known as an Affidavit for Collection of Personal Property, to the person or institution having custody of the property, requesting that the property be delivered or transferred to the successor.
You must obtain the form used by the probate court in the county where the deceased was a resident. You can obtain it in person or by accessing your courts self-help center online and downloading the form there. Follow the instructions on the form to complete it.
Obtain a blank small estate affidavit form. In most cases, you can find it by visiting the probate court website. Note that this should be the court located in the county in which the decedent lived. Most county websites offer a self-help center where the form can be downloaded online.
Its a sworn statement that identifies the heirs of a deceased person, providing information about the deceased persons family members, their relationship to the deceased, and their rights to inherit the estate. This document is typically used when there is no will or when the will does not name all the heirs.
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You may be able to use a Small Estate Affidavit to have the property transferred to you. You give this Affidavit to the person, company, or financial institution (such as a bank) that has the property so that they can legally transfer it to your name.
Using the Court Locator, you should find the probate court where the decedent resided. The filing fee in California is $435.

affidavit for collection of personal property california probate code section 13100