Declaration Under Probate Code Section 13101 2026

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  1. Click ‘Get Form’ to open the Declaration Under Probate Code Section 13101 in the editor.
  2. In Section 1, enter the name of the decedent, their county of death, and the date of death as found on the death certificate.
  3. For Section 2, confirm that at least 40 days have passed since the decedent's death by checking the appropriate box.
  4. In Section 3, select one of the two boxes based on whether there are ongoing court proceedings or if you have written consent from a personal representative.
  5. Fill out Section 4 by confirming that the gross fair market value of the decedent’s property does not exceed $150,000.
  6. List all property identification numbers (PIDs) in Section 5. If necessary, attach an additional sheet for more PIDs.
  7. In Section 6, check the applicable box indicating your relationship to the decedent and provide any required names.
  8. Confirm statements in Sections 7, 8, and 9 are true before signing and dating at the bottom of the form.

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This form may be used to collect the unclaimed property of a decedent without procuring letters of administration or awaiting probate of the decedents will if you are entitled to the decedents property under Section 13101 of the California Probate Code.
Code зз 13100-13116, the person(s) entitled to the property may present a Small Estate Declaration, commonly known as a Declaration 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.
(Revised: 01/2021) Probate Code section 13100 provides for the collection or transfer of a decedents personal property without the administration of the estate or probate of the will.
13006. Successor of the decedent means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedents will.
Of course, you should always be prepared to consult your estate planning attorney if matters are complicated. Otherwise, most individuals can complete their small estate affidavit on their own.

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Probate Code section 13100 provides for the collection or transfer of a decedents personal property without the administration of the estate or probate of the will.
1301. With respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking of letters of guardianship or conservatorship, except letters of temporary guardianship or temporary conservatorship.

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