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The document is a Declaration Under Probate Code Section 13101, which allows individuals to claim unclaimed property of a deceased person without going through probate. It outlines the necessary declarations regarding the decedent's death, estate value, and the claimant's eligibility to receive the property. The form requires signatures from all claimants and includes instructions for completion.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Does it cost money to file an affidavit?

For instance, a simple affidavit might be free when drafted personally, but one requiring legal expertise could be priced higher, upwards of $100. Notarization is another substantial cost component. Notaries charge per signature, typically anywhere between $5 and $20.

How long does it take to get a small estate affidavit?

Further, the probate process can take anywhere between several months to several years. If the estate in question is eligible, a small estate affidavit can help a family skip through this entire process. Ideally, a small estate affidavit can get approved in just a few days, or a few weeks at most.

What is the amount for a small estate affidavit in California?

To be considered small, the estate must be valued under a set amount. That amount can change from year to year. For example, if the decedent died on April 1, 2022, or later, the estate is small if it is valued at $184,500 or less.

What is a small estate affidavit in California 13100?

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.

How do I avoid probate fees in California?

Create a Living Trust A living trust is one of the most powerful and commonly used tools for avoiding probate in California. In a living trust, you transfer ownership of your assets to the trust during your lifetime.

declaration under probate code section 13101

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How much does it cost to file a small estate affidavit in California?

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.

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