An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, an Affidavit - Waiver of Spousal Rights (California Probate Code 140-147) , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s). USLF control no. CA-04001
The Fullerton Affidavit regarding Waiver of Spousal Rights, as stated in the California Probate Code Sections 140-147, is a legal document that allows a spouse to voluntarily surrender or waive their rights to a portion of the deceased spouse's estate. This waiver is crucial in the process of probating a will or distributing an estate as it helps minimize potential conflicts and streamline the administration of the deceased's assets. In California, there are various types of Fullerton Affidavits regarding Waiver of Spousal Rights, each serving a different purpose depending on the specific circumstances. These types include: 1. Fullerton Affidavit for Small Estates: This affidavit is used when the value of the deceased spouse's estate is under a certain threshold mandated by the California Probate Code. By signing this affidavit, the surviving spouse agrees to waive their spousal rights to the small estate, making it eligible for a simplified probate process known as a small estate administration. 2. Fullerton Affidavit for Distribution of Community Property: In California, community property refers to assets acquired during the marriage. When a spouse passes away, their share of the community property is usually divided between the surviving spouse and any other beneficiaries named in the deceased spouse's will or through intestate succession. This affidavit enables the surviving spouse to waive their rights to the deceased spouse's portion, allowing for a smoother transfer of ownership to the beneficiaries. 3. Fullerton Affidavit for the Distribution of Separate Property: Separate property consists of assets acquired by each spouse before the marriage or through inheritance or gifts during the marriage, typically excluding community property. With this affidavit, the surviving spouse can waive their rights to the deceased spouse's separate property, enabling its distribution as specified in the deceased spouse's will or through intestate succession. 4. Fullerton Affidavit for Non-Traditional Relationships: This affidavit is utilized in cases where the couple involved is not legally married or in a domestic partnership, but one party wishes to waive their rights to the other party's estate. This allows the non-married partner to waive their rights equivalent to those of a spouse, easing the transfer of the deceased partner's assets according to their wishes. These various types of Fullerton Affidavits regarding Waiver of Spousal Rights help facilitate the settlement of a deceased spouse's estate, ensuring a smoother and efficient transfer of assets in compliance with the California Probate Code. It is advisable to consult with an attorney experienced in probate matters to ensure the correct type of affidavit is utilized and to adhere to the requirements stipulated by the law.
