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California Small Estate Affidavit (Affidavit for Collection of Personal Property)

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The California small estate affidavit, called a Petition to Determine Succession to Real Property, is used by successors in interest to a person who died to collect real and personal property totaling $166,250 or less in California. It cannot be filed until 40 days have elapsed since the person died. It is used to facilitate the transfer of property of a small estate without a prolonged probate action, but it still will require probate authorization from the Probate Court with jurisdiction over the area in which Decedent resided (Find Your Court).

Days After Death (Section 13100) – Can only be filed forty (40) days after the date of decedent’s death.

Death Certificate – Required to be attached to the small estate.

Execution – This form must be signed with an attorney present.

Maximum (§ 13100) – All real and personal property of the decedent may not have a market value of over one-hundred and sixty-six thousand two-hundred and fifty dollars ($166,250).

Personal Property – All personal property that is being transferred from the decedent must have evidence that he or she owned the property. The evidence must be attached to the small estate. Examples include ownership certificates, registration forms, receipts, etc.

Probate LawsSections 13000-13210 (Collection or Transfer of Small Estate Without Administration)

Real Estate – If there is real property as part of the Decadent’s estate, Form DE-160 and Form DE-161 (if necessary) are required to be attached and filed. If the heirs are only looking to transfer the real estate, with no personal possessions, Form DE-310 must be completed and filed.

How to Write

Download in Adobe PDF, Microsoft Word (.docx) or Open Document Text (.odt).

1 – Gain Access To This Affidavit Using The Buttons On This Page

The image preview on this page will give a quick glance at the California Affidavit you can download here. To work with a PDF file, select the “Adobe PDF” button or link, save it to an accessible place in your computer then open it with your PDF editor.

2 – The Decedent Must Be Properly Identified At The Beginning Of This Document

The first paragraph of this template will need to clearly define who the concerned Decedent is. Locate Article I then produce the Legal Name of the Decedent on the first blank line. Now we will solidify this Decedent’s identity by presenting the Calendar Date when the Decedent passed away using the second and third blank lines. Make sure this includes the Calendar Month, Calendar Day, and Calendar Year reported on the Death Certificate. Now, report the County and State where the Decedent died from the Decedent’s Death Certificate on the blank line after “…County Of” and “…State Of” (respectively).

3 – Discuss The Status Of The Decedent’s Property Proceedings

In Article III, you will be presented with two checkbox statements. You will need to place a check mark in the box corresponding to the statement that best applies. If no Proceedings focused on the Decedent’s Estate have taken place or are currently being conducted then, mark the first checkbox. If the Decedent’s Estate has been through any Proceedings and the Affiant or Declarant of property has been deemed eligible (in writing) for a “…Payment, Transfer, Or Delivery” of the Decedent’s Estate Property then, mark the second checkbox in Article III. The next article requiring attention is Article V. Here, too you will be given a choice between two statements of which you must choose one by marking the corresponding checkbox. In this case, if the Decedent’s Property has been accounted for, appraised, and documented on a written manifest, then mark the first checkbox. If the Decedent’s Estate does not consist of any real property, then mark the second checkbox. In Article VI, describe all the Decedent Property that is subject for dispersal as per California Probate Code Section 13100. Several blank lines have been supplied for this purpose.

4 – Present All The Successors Of The Decedent

It is imperative that we name each of the Decedent’s Successors (California Probate Code Section 13006). Supply a roster every Successor’s Full and Legal Name on the blank lines available in Article VII. Due to the nature of this paperwork, a valid Signature must be supplied by the Affiant (the individual swearing to this document) and we will have to define the relationship held between Affiant and Decedent Successor before the time of signing. If the Affiant (Declarant/Signature Party) is the Successor of the Decedent, as per California Probate Code Section 13006, then mark the first checkbox in Article VIII. If the Affiant is acting on behalf of the Successor (with full consent of the Successor) and acting under California Probate Code Section 13051, then mark the second checkbox.

5 – The Affiant Signature Execution Should Be Performed Before A Notary Public

Article X is the final article to be tended to. We will begin by filling in the Date of this document’s execution using the two blank lines after the word “Dated.” Next, each Declarant or Affiant must Sign his or her Name on the “Signature” line, Print his or her Name on the line labeled “Print Name,” and record the Calendar Date of Signature on the blank line attached to the word “Date.” There is enough room in this article to allow for four Affiant Signatures. If there are more than four, you may copy and paste one of these signature areas then insert it accordingly. Only individuals signing this document in Article X will be able to function as a Declarant. The final page of this template is strictly for the use of the Notary Public attending the Affiant Signing of this paperwork. He or she will provide any additional instructions required to satisfy the notarization process then verify the parties present, location, and act of signing by recording these items, supplying his or her credentials, and stamping this paperwork with the Notarization Seal at his or her disposal.