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Ca small estate affidavit

California declaration survivor probate code 13100 printable form 2003-2025

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The document is a legal affidavit (DE-305) used in California probate court for claiming real property of small value (up to $20,000) belonging to a deceased individual. It outlines the necessary information regarding the decedent, including their death details, property description, and the declarants' relationship to the decedent. The affidavit confirms that all debts have been settled and includes provisions for notarization and certification by the court clerk.

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How to use or fill out California Declaration Survivor Probate Code 13100 Printable Form 2003

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Click ‘Get Form’ to open it in the editor.
Begin by entering the decedent's name and date of death in the designated fields. Ensure accuracy as this information is crucial for the affidavit.
Specify the location where the decedent passed away, including city and state. This helps establish jurisdiction for probate matters.
Attach a certified copy of the decedent's death certificate as required. This document must be included with your submission.
Indicate whether the decedent was domiciled in California at their time of death or if they owned real property in California despite being domiciled elsewhere.
Provide a legal description of the real property claimed, ensuring it matches documentation such as deeds or legal instruments.
Confirm that each declarant is a successor to the decedent’s interest in the property, specifying if they are beneficiaries under a will or through intestate succession.
Complete any additional sections regarding debts and funeral expenses, ensuring all financial obligations are addressed before proceeding.

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Versions	Form popularity	Fillable & printable
2023	4.2 Satisfied (39 Votes)
2020	4.8 Satisfied (74 Votes)
2015	4.2 Satisfied (138 Votes)
2012	4.3 Satisfied (71 Votes)
2003	4 Satisfied (23 Votes)

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What is a 13100 form?

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.

What does 13100 mean?

13100. When used in reference to a drivers license, cancellation means that a drivers license certificate is terminated without prejudice and must be surrendered. Any person whose license has been canceled may immediately apply for a license.

What is the probate code 10310?

(a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale of the real property, the court shall examine into the necessity for the sale or the advantage to the estate and the benefit to the interested persons in making the sale.

What is the survivorship requirement in California?

(a) A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of intestate succession, and the heirs are determined accordingly.

Can I do my own affidavit of heirship?

You could file your own affidavit of heirship with the correct information or even upon an administration with the court. You should speak with a probate attorney in your area as soon as possible to discuss your options. It will be harder to get the personal belongings back, if at all, the longer you wait.

probate code 13100

Free California Probate form 13100 PDF California declaration survivor probate code 13100 printable form 2003 free California declaration survivor probate code 13100 printable form 2003 download Affidavit for Collection of personal property California Probate Code Section 13100 Probate Code 13100 affidavit California affidavit form pdf Small estate Affidavit California form 13101 Small estate Affidavit California form 13101 PDF

What is code 13100?

CPT code 13100 is for complex repair of the trunk, measuring 1.1 to 2.5 cm.

How much does an estate have to be to avoid probate in California?

A: In California, estates totaling less than $184,500 can avoid probate. A small estate affidavit is a less complicated process for estates valued at less than $166,250.