Affidavit for collection of personal property 2025

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  1. Click ‘Get Form’ to open the affidavit for collection of personal property in our editor.
  2. Begin by entering the decedent's name and date of death in the first section. Ensure accuracy as this information is crucial.
  3. Confirm that at least 40 days have passed since the decedent's death, and attach a certified copy of the death certificate as required.
  4. Indicate whether any proceedings are ongoing regarding the decedent's estate or if you have consent from the personal representative.
  5. Fill in the current gross fair market value of the decedent's property, ensuring it does not exceed $150,000.
  6. Specify whether an inventory and appraisal of real property is attached or if there is no real property in the estate.
  7. List the property to be transferred to you under California Probate Code section 13100.
  8. Identify yourself as either a successor or authorized representative regarding the decedent’s interest in the described property.
  9. Affirm that no other person has a superior right to the interest of the decedent in this property.
  10. Finally, sign and date the affidavit, ensuring all information is true under penalty of perjury.

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Collection by Affidavit: The Process Once the court has approved the application, it will authorize the affiant to collect and administer the estate. The affiant must pay debts, and distributions must occur according to the will (or the intestate succession law if the decedent dies without a will).
An Affidavit of Collection of Personal Property, also known as a small estate affidavit, allows an eligible individual to collect a decedents personal property without opening a formal probate case, as long as the estate qualifies as a small estate under Colorado law.
Probate is an important legal process that administers an estate of an individual who passed away. It includes a number of critical steps before it can conclude, such as identifying estate assets, paying outstanding debts, filing taxes, and ultimately distributing assets to the rightful beneficiaries of the estate.
How to Write an Affidavit of Ownership: Step-by-Step Guide Step 1: Identify Yourself. The affidavit begins with a statement identifying you as the affiant (the person making the affidavit). Step 2: Declare Your Ownership. Step 3: Make the Affirmation. Step 4: Signature and Notary.