Small estate affidavit 1310-2025

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This form may be used to collect the unclaitred 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.
Using the Court Locator, you should find the probate court where the decedent resided. The filing fee in California is $435.
The judge must approve the small estate affidavit for it to be valid. Once the form is approved, you can use it to request distributions of assets that were owned by the deceased and are being held by companies or people.
The SCPA 1310 Small Estates Affidavit allows payment of money owed to the deceased persons: surviving spouse, parent, sibling, adult child, niece or nephew, grandchild, grandparent, aunt, uncle and first cousins, certain creditors, and.
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.
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People also ask

Form 13101 is the specific Small Estate Affidavit used in California. Heirs fill it out to claim the deceaseds assets, such as bank accounts and personal property. The affiant must provide accurate information about the deceased and sign under penalty of perjury.
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.
A: No, a small estate affidavit can only be used if the person died without a valid will. Q: Is an attorney required to complete a small estate affidavit? A: No, an attorney is not required. However, Isaac Shutt recommends that people seek help from a probate attorney, particularly if you are unsure about the process.

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