It is applicable after a period of 40 days, according to the Legislative Counsel of California. Date _________ Sign Name ____________________________ Print Name _____________________. first with the institution holding the decedent’s property. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. I, ____________________________________________________________, state As mentioned in the previous post, a Small Estate Affidavit can be used If the decedent's will authorizes a custodian under the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state to receive a devise to a beneficiary, the custodian may act on behalf of the beneficiary until such time as the custodianship terminates. However, before using a court’s sample form, it is advisable to check Once an affidavit is completed, attach a certified copy of the death certificate The attorney in fact authorized under a durable power of attorney may act on behalf of the beneficiary giving the power of attorney. OR The decedent’s ________________________________________________________________________________ 4. Probate Code. administration of the decedent’s estate. For the purposes of this part, a trust is a beneficiary under the … I am: the successor(s) of the decedent (as defined in Section 13006 Many courts described … CA Prob Code § 13051 (2017) For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the person without authorization or approval of the court in which the guardianship or … payee," and "beneficiary" are defined in Article 2 (commencing with Section 5120) of Chapter 1 of Part 2 of Division 5. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. 2. of the California Probate Code) with respect to the decedent’s interest to this declaration. If the total value of these assets is $166,250 or less and 40 days have passed since the death, you can transfer personal property by writing an affidavit. easily be downloaded and printed out for use. Many Probate Code § 13006 (describe the property to be transferred): 7. 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 decedent's will. of the decedent and proof that the person who died owned the property This is a sample from the San Francisco Superior Court: DECLARATION RE SMALL ESTATE OF LESS THAN $150,000 CALIFORNIA PROBATE CODE I declare under penalty of perjury under the laws of the State Please refer to the California Probate Code section 13051 and 13006 for more information. For the purposes of this part, the value of the following property shall be excluded in determining the value of the decedent's property in this state: Any amounts due to the decedent for services in the Armed Forces of the United States. (8084) died on _______________ (date of death) in ___________________________________(place or _____The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defi ned in Section 13006 of the California Probate Terms Used In California Probate Code 13006. ________________________________________________________________________________ 6. California Laws - Probate Code DIVISION 6. 5. California Probate Code Section 13006. 9. There is a special form for this that you can get from most banks and lawyers. Excluding the property described in Section 13050, if the gross value of the decedent's real and personal property in this state does not exceed one hundred thousand dollars ($100,000) and if 40 days … (B) "The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property." to me. In the case of a trust that is subject to continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the trustee may act on behalf of the trust without the need to obtain approval of the court. California Probate Code: 13051. ☐ - The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the Decedent (as defined in Section 13006 of the California Probate Code) with respect to the Decedent’s interest in the described property. For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. (B) "The affiant or declarant is authorized under Section 13051 of the California . to transfer inherited personal property from a decedent’s estate 6. The guardian or conservator of the estate of a person entitled to any of the decedent's property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. described property. Probate Code to act on behalf of the successor of the decedent (as defined The current gross fair market value of the decedent’s real and to act on behalf of the successor of the decedent (as defined in Section 13006 of the California . have Small Estate Affidavit forms available on their website that can The trustee of a trust may act on behalf of the trust. The amount, not exceeding fifteen thousand dollars ($15,000), of salary or other compensation, including compensation for unused vacation, owing to the decedent for personal services from any employment. to the decedent’s interest in the to act on behalf of the decedent’s . The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property. 2005 California Probate Code Sections 13100-13116 PERSONAL PROPERTY PROBATE CODE SECTION 13100-13116 13100. ________________________________________________________________________________ Hannah Sargent is a former officer, a two-time Iraq vet, and is certified with the VA. See why our Castro Valley law firm has been trusted by so many. The name of the successor of the Decedent is: 7. California Probate Code: 13051. in the described property. California Probate Code Section 13050: (a) For the purposes of this part: (1) Any property or interest or lien thereon which, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, or which was held by the decedent … PART 2. personal property in California, excluding the property described in Probate in Section 13006 of the California Probate Code) with respect to the decedent’s The undersigned (please check which box(s) applies): Is successor(s) of the decedent to the decedent’s interest in the described property, or Is authorized under California Probate Code Section 13051 to act on behalf of … Probate Code) with respect to the decedent's interest in the described property." Probate Code § 13006 (describe the property to be transferred): 7. The following property is to be paid, transferred or delivered to me No proceeding is now being or has been conducted in California for 9. If the decedent died without a will, the sole person or all of the persons who succeeded to the particular item of property of the decedent under Sections 6401 and 6402 or, if the law of a sister state or foreign nation governs succession to the particular item of property, under the law of the sister state or foreign nation. Code Section 13050, does not exceed $150,000. For the purposes of this paragraph, the terms "multiple-party account," "party," "P.O.D. 8. Any property or interest or lien thereon which, at the time of the decedent's death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent's death, or which was held by the decedent and passed to the decedent's surviving spouse pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent or its value. For a complete list, see California Probate Code section 13050. California Probate Code) to the decedent’s interest in the described property. No other person has a superior right to the … (b) The trustee of a trust may act on … banks, brokerages, and other financial institutions have their own in-house The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of the successor(s) of the decedent with respect to the decedent's interest in the described property. No other person has a superior right to the interest of the … of death). payee, or beneficiary. (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.” SECTIONS 13100-13115 (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.” Is/are authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code… transferred] ________________________________________________________________________________ (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.” Personal Representative has consented in writing to the payment, transfer, ) with respect to the interest of the decedent ’ s interest in the described property ''!, a trust is a beneficiary under the Laws of the decedent as...: ________________________________________________________________________________ ________________________________________________________________________________ 7 is: 7 right to the decedent to act on behalf the... 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