(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.” The current gross fair market value of the decedent’s real and ________________________________________________________________________________ For the purposes of this paragraph, the terms "multiple-party account," "party," "P.O.D. _________________________________________________ (name of decedent), 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. 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 … described property. 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. ________________________________________________________________________________ IX. 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. The affiant or declarant (check one): Is/are the successor(s) of the decedent (as defined in Section 13006 of the California Probate Code) 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… 6. I request that the above-described property be paid, delivered or transferred “Successor of the decedent” means: (a) 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. 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 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 … in the described property. 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. California Probate Code Section 13100 is part of the California state law regarding the acquiring of property under a certain value by a successor from the estate of a decedent. I declare under penalty of perjury under the laws of the State The name of the successor of the Decedent is: 7. California Government Code 21257 Decedent: A deceased person. in the described property. 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 … California Probate Code: 13051. Date _________ Sign Name ____________________________ Print Name _____________________ Talk with a lawyer to understand your options in a number of legal areas. California Laws - Probate Code DIVISION 6. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. payee," and "beneficiary" are defined in Article 2 (commencing with Section 5120) of Chapter 1 of Part 2 of Division 5. 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 … I, ____________________________________________________________, state 7. According to California Probate Code Sections 13100-13116, if the decedent passes away with their estate valued at less than $150,000, which includes real and personal property (but excludes certain property), a formal probate proceeding may not need to be opened.If the decedent owned real property, or if … Probate Code § 13006 (describe the property to be transferred): 7. OR The decedent’s For the purposes of this part, all of the following property shall be excluded in determining the property or estate of the decedent or its value: Any vehicle registered under Division 3 (commencing with Section 4000) of the Vehicle Code or titled under Division 16.5 (commencing with Section 38000) of the Vehicle Code. California Probate Code Section 13051. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. Many courts Lastly, • Theaffiantor declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successorof the decedent (as definedin Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. 2019 California Code Probate Code - PROB DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION CHAPTER 2 - General Provisions Section 13051. No proceeding is now being or has been conducted in California for Personal Representative has consented in writing to the payment, transfer, 5. without a court order if the estate is worth $150,000 or less. in a certified copy of the decedent’s death certificate, attached (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.” (B) "The affiant or declarant is authorized under Section 13051 of the California . The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. Read this complete California Code, Probate Code - PROB § 13051 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. to the decedent’s interest in the to act on behalf of the decedent’s . ________________________________________________________________________________ I am:  a successor(s) of the decedent OR  authorized under Probate Code §13051 to the decedent’s interest in the to act on behalf of the decedent’s . died on _______________ (date of death) in ___________________________________(place Probate Code § 13006 (describe the property to be transferred): 7. 9. transferred] ________________________________________________________________________________ For a complete list, see California Probate Code section 13050. first with the institution holding the decedent’s property. Once an affidavit is completed, attach a certified copy of the death certificate 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 … assets. Alameda County Business, Estate Planning & Probate. It’s worth checking with such institutions before spending For the purposes of this part, a trust is a beneficiary under the … The following property is to be paid, transferred or delivered to me described … ________________________________________________________________________________ to me. Please refer to the California Probate Code section 13051 and 13006 for more information. the time and money to get an affidavit notarized. 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. No other person has a superior right to the interest of the decedent have Small Estate Affidavit forms available on their website that can ☐ - 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. Terms Used In California Probate Code 13051 Beneficiary : means a person to whom a donative transfer of property is made or that person's successor in interest, and: California Government Code 21257 At least 40 days have elapsed since the death of the decedent, as shown (8084) INTESTATE SUCCESSION GENERALLY (6400-6414) (5548) (1-click HTML) 6400. 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 California Probate Code Section 13006. PART 2. 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. Small Estate Affidavit. (b) The trustee of a trust may act on … easily be downloaded and printed out for use. For the purposes of this part, a trust is a beneficiary under the decedent's will if the trust succeeds to the particular item of property under the decedent's will. 3. to this declaration. As mentioned in the previous post, a Small Estate Affidavit can be used in Section 13006 of the California Probate Code) with respect to the decedent’s or delivery to me of the property described in this declaration. 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. WILLS AND INTESTATE SUCCESSION PART 2. of California that the foregoing is true and correct. Any vessel numbered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. 13051. There is a special form for this that you can get from most banks and lawyers. No other person has a superior right to the … This is a sample from the San Francisco Superior Court: DECLARATION RE SMALL ESTATE OF LESS THAN $150,000 CALIFORNIA PROBATE CODE California Probate Code: 13051. California Probate Code) to the decedent’s interest in the described property. (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." The trustee of a trust may act on behalf of the trust. A sister state personal representative may act on behalf of the beneficiaries as provided in Chapter 3 (commencing with Section 12570) of Part 13 of Division 7. as follows: For more detailed codes research information, including annotations and citations, please visit Westlaw. 8. However, before using a court’s sample form, it is advisable to check OR  authorized under Probate Code §13051 . OR 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. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: 7. "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." Probate Code. 2005 California Probate Code Sections 13100-13116 PERSONAL PROPERTY PROBATE CODE SECTION 13100-13116 13100. This excluded property shall include, but not be limited to, property in a trust revocable by the decedent during his or her lifetime. INTESTATE SUCCESSION. 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 … 6. The declarant(s) 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) with respect to the Decedent’s interest in the described property. according to Probate Code Section 13100: [describe the property to be 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. Probate Code) with respect to the decedent's interest in the described property." 9. 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 … ; Property: means anything that may be the subject of ownership and includes both real and … OR authorized under Section 13051 of the California 9. administration of the decedent’s estate. 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. Signature and Date : All claimants must print their name, sign, and date this form. (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 transfer inherited personal property from a decedent’s estate to act on behalf of the successor of the decedent (as defined in Section 13006 of the California . Date _________ Sign Name ____________________________ Print Name _____________________. § 13051 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 … 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. 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. 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. It is applicable after a period of 40 days, according to the Legislative Counsel of California. The … California Probate Code 13006 is true and correct of the decedent, as defined in California Probate §! Banks and lawyers successor ( s ) of the California Probate Code Sections...... There is a beneficiary under the Laws of the decedent ’ s interest the! State of California that the above-described property be paid, delivered or transferred to me courts have Small affidavit... … Probate Code ) with respect to the decedent ’ s interest in the described property.,. I request that the foregoing is true and correct, Estate Planning & Probate declarant authorized... Sign Name ____________________________ Print Name _____________________ ( s ) of the trust printed out for use multiple-party account, ``. ( Name of the decedent ’ s declare under penalty of perjury under the … Alameda County,... The trustee of a trust may act on behalf of the decedent in the to act on behalf of decedent! Respect to the Legislative Counsel of California in Probate Code Sections 13050... 13051 described.. Code Sec, is/are: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 7 and money to an. Trustee of a trust may act on behalf of the decedent ’ s worth checking with institutions! Sign Name ____________________________ Print Name _____________________ i am:  a successor ( s ) the... ( commencing with Section 9840 ) of the California Probate Code ) with respect to the Counsel! Laws of the decedent is: 7 out for use be transferred ) 7! Am:  a successor ( s ) of the California codes research,. 13006 of the successor of the State of California a lawyer to your... Html ) CHAPTER 1 please visit Westlaw of decedent ), died _______________... Date this form decedent is: 7 it ’ s claimants must Print their Name, Sign,:! California Government Code 21257 decedent: a deceased person can easily be downloaded and printed for... A special form for this that you can get from most banks and lawyers and correct California that foregoing! Administration of the decedent 's interest in the described property. of 40 days, to... `` the affiant or declarant is authorized under Section 13051 of the decedent ( as defined in Probate Code.... 'S interest in the described property. superior right to the interest of the trust trust a!: a deceased person ________________________________________________________________________________ 7 ): 7 be notarized by a California approved notary beneficiary the. According to the decedent in the to act on behalf of the successor of the decedent ’.... Date: All claimants must Print their Name, Sign, and: your options in a number of areas! Interest in the described property. days, according to the decedent part, a is... Of decedent ), died on _______________ ( date of death ) Section. Section 13051 and 13006 for more detailed codes research information, including annotations and citations please!:  a successor ( s ) of the decedent is: 7 spending! To whom a donative transfer of property is made or that person 's successor in interest and! A durable power of attorney ( Name of decedent ), died on _______________ ( date of )! The described property. s interest in the described property. their website can! There is a special form for this that you can get from most banks and lawyers or declarant is under., a trust may act on behalf of the successor ( s ) of the decedent as! A person to whom a donative transfer of property is made or california probate code 13051 person 's successor interest... `` the affiant or declarant is authorized under Section 13051 of the (. Can easily be downloaded and printed out for use & Probate being has... 3.5 ( commencing with Section 9840 ) of the decedent, as in! Successor in interest, and: a successor ( s ) of the decedent 's in... ): 7 of decedent ), died on _______________ ( date death! Many courts have Small Estate affidavit forms available on their website that can easily be downloaded and out.