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 Oceanside Affidavit Regarding Waiver of Spousal Rights is a legal document in California that falls under the provisions of the California Probate Code, specifically Sections 140-147. This affidavit serves as a waiver or renunciation of a surviving spouse's rights to a deceased spouse's property or estate. In California, when someone passes away without a will or intestate, the law automatically grants certain rights to the surviving spouse. These rights include the right to a share of the deceased spouse's property, also known as the spousal share. However, spouses may choose to waive these rights through the Oceanside Affidavit. The Oceanside Affidavit is named after the city of Oceanside, California, where it was first implemented and widely used. It has gained recognition and acceptance throughout the state due to its effectiveness in simplifying the probate process. There are different types of Oceanside Affidavits regarding the waiver of spousal rights, depending on the circumstances and property value involved. Some common types include: 1. Oceanside Affidavit for Small Estates: This form is used when the gross value of the deceased spouse's estate does not exceed a certain threshold specified by California law, usually $166,250. It allows the surviving spouse to claim the entire estate without going through a formal probate process. 2. Oceanside Affidavit for Larger Estates: In cases where the value of the estate exceeds the threshold mentioned above, a different version of the Oceanside Affidavit is used. This affidavit may require additional documentation and is subject to more scrutiny. 3. Oceanside Affidavit for Real Property: When the estate primarily consists of real property like a house or land, a specialized Oceanside Affidavit is used to waive the spousal rights attached to that property. This ensures a smoother transfer of ownership to the surviving spouse. It is essential to consult with an attorney familiar with California probate laws to determine the appropriate type of Oceanside Affidavit to use and ensure compliance with all legal requirements.The Oceanside Affidavit Regarding Waiver of Spousal Rights is a legal document in California that falls under the provisions of the California Probate Code, specifically Sections 140-147. This affidavit serves as a waiver or renunciation of a surviving spouse's rights to a deceased spouse's property or estate. In California, when someone passes away without a will or intestate, the law automatically grants certain rights to the surviving spouse. These rights include the right to a share of the deceased spouse's property, also known as the spousal share. However, spouses may choose to waive these rights through the Oceanside Affidavit. The Oceanside Affidavit is named after the city of Oceanside, California, where it was first implemented and widely used. It has gained recognition and acceptance throughout the state due to its effectiveness in simplifying the probate process. There are different types of Oceanside Affidavits regarding the waiver of spousal rights, depending on the circumstances and property value involved. Some common types include: 1. Oceanside Affidavit for Small Estates: This form is used when the gross value of the deceased spouse's estate does not exceed a certain threshold specified by California law, usually $166,250. It allows the surviving spouse to claim the entire estate without going through a formal probate process. 2. Oceanside Affidavit for Larger Estates: In cases where the value of the estate exceeds the threshold mentioned above, a different version of the Oceanside Affidavit is used. This affidavit may require additional documentation and is subject to more scrutiny. 3. Oceanside Affidavit for Real Property: When the estate primarily consists of real property like a house or land, a specialized Oceanside Affidavit is used to waive the spousal rights attached to that property. This ensures a smoother transfer of ownership to the surviving spouse. It is essential to consult with an attorney familiar with California probate laws to determine the appropriate type of Oceanside Affidavit to use and ensure compliance with all legal requirements.
