California Statutory Probate Code Form 13100

State:
California
Control #:
CA-P040
Format:
Word; 
Rich Text
Instant download

Description

This form is a Uniform Statutory Form of Power of Attorney for California for property, finances and other powers you specify. It also provides that it can be durable.


California Statutory Probate Code Form 13100 is an essential legal document used in the state of California for transferring small estates without having to go through a lengthy and costly probate process. This simplified procedure allows individuals to quickly and efficiently transfer assets to the rightful beneficiaries after the death of the owner. Form 13100, also known as the "Affidavit for Transfer of Personal Property Worth $166,250 or Less," is specifically designed for estates that meet the specified criteria. It is crucial to understand that the form is only applicable if the total value of the decedent's personal property does not exceed $166,250. If the estate value surpasses this limit, an alternative approach, such as a formal probate process, might be necessary. The purpose of Form 13100 is to provide a simple and straightforward method to transfer assets of relatively low value from the deceased person's name to the identified beneficiaries or heirs. This form eliminates the need for a court-supervised distribution process, decreasing administrative burdens and costs associated with traditional probate proceedings. When completing Form 13100, key information such as the decedent's name, address, date of death, and a description of the property being transferred, must be provided. Additionally, the form requires the names and addresses of all the beneficiaries entitled to inherit the assets as per the California intestacy laws or under a valid will. It is important to note that the use of Form 13100 is subject to certain conditions. For instance, it cannot be used if there is an ongoing probate proceeding or if the estate has any outstanding debts or liabilities that are yet to be settled. In such cases, pursuing a regular probate process is necessary for proper administration and resolution. Although Form 13100 is the primary document used in the transfer of assets for small estates, there might be variations or similar forms utilized in specific situations. For example, if the deceased person resided in a different state, other states may have comparable forms with slightly different names or requirements. It is crucial to consult with an experienced probate attorney or estate planning professional to ensure compliance with the relevant state laws. In conclusion, California Statutory Probate Code Form 13100 provides a streamlined approach to transfer personal property of smaller estates, avoiding the need for a traditional probate process. By utilizing this form, eligible individuals can efficiently transfer assets to beneficiaries without incurring excessive court fees or delays.

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FAQ

Ing to the California probate code §§890, 13000 - to be considered a small estate and avoid probate, the total value of all real property and personal property cannot exceed $184,500.

A very common non-probate transfer is the use of affidavits to transfer personal property if the gross value of the decedent's real and personal property in California does not exceed the $150,000 or $166,250 threshold amount and if 40 days have elapsed since the death of the decedent, the successor of the decedent may ...

If probate has started, a personal representative of the estate has to agree in writing to the use of this informal settlement process. The affidavit doesn't have to be filed with the court. To use it, the person claiming the assets presents it to the bank, brokerage or another holder of the asset.

Legally, you are not required to have the Affidavit notarized. But many institutions will ask you to do so, so it may be a good idea to notarize it before you try to use it to transfer the property. If there are other people entitled to inherit the property, they must also sign the Affidavit.

You can transfer property without opening probate if the estate is valued under a set amount. That amount changes every few years and is based on the year the person passed away. You can find the latest limits in Maximum Values for Small Estate Set-Aside & Disposition of Estate Without Administration (form DE-300).

More info

UNDER CALIFORNIA PROBATE CODE SECTIONS 1310013106. California Probate Code Section 13100.(a) Collect any particular item of property that is money due the decedent. If the decedent's estate qualifies under California. Pro. In California, SB 13100 refers to a statute that allows for the transfer of personal property without probate. (Prob. Code §§ 890, 13100). If you want the court to set aside the estate, you can use this Sample Form. Code, § 13152.) Calculate the gross value of property in California and then subtract statutory exclusions. Compared to full-blown probate, these simplified probate procedures save time and money. Small Estate Affidavit.

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California Statutory Probate Code Form 13100