Fullerton California Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $184,500

• Category: California Probate - Small Estates
• State: California
• City: Fullerton
• Control #: CA-ET10
• Format: Word; PDF; Rich Text

Description

Pursuant to California statute, if the value of an estate does not exceed $150,000 (in 2022, $184,500), and forty days have elapsed since the death of the decedent, an interested party may demand payment on any debts owed to the decedent through a small estate affidavit. The Fullerton California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250 is a legal document that allows heirs and beneficiaries to collect personal property from a deceased person's estate without going through the formal probate process. This affidavit is specifically designed for small estates that meet certain criteria set forth by the Probate Code Section 13100. Key Features of Fullerton California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250: 1. Small Estate Requirements: The affidavit can only be used for estates that have a total value (minus liens and encumbrances) of $166,250 or less. It offers a simplified process for small estates, eliminating the need for a full probate administration. 2. Affine Information: The affidavit requires detailed information about the person requesting to collect the personal property, known as the affine. This includes their name, address, relationship to the deceased, and their legal authority to act on behalf of the estate. 3. Description of Assets: The affine must provide a detailed list of the assets they intend to collect using this affidavit. These might include bank accounts, vehicles, real estate, stocks, bonds, furniture, and other personal belongings. Each asset should be described accurately, including any identifying information such as account numbers or vehicle identification numbers. 4. Declarations Under Penalty of Perjury: The affine must sign the affidavit under penalty of perjury, stating that the information provided is true and correct to the best of their knowledge. This reaffirms the seriousness of the document and the legal obligations associated with it. 5. Legal Limitations and Timeframes: It is important to note that the use of this affidavit has limitations. It cannot be used to transfer real estate or vehicles with a value exceeding $50,000. Additionally, the affidavit must be submitted within 40 days from the date of the decedent's death. Types of Fullerton California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250: While there might not be different "types" of this affidavit, it can be used in various cases where the estate value falls under the specified amount and the assets to be collected meet the requirements outlined in the Probate Code Section 13100. The specific circumstances, such as the nature and number of assets, will vary case by case, but the general process and purpose of the affidavit remain the same. In conclusion, the Fullerton California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250 provides a simplified and expedited method for distributing personal property from small estates. It offers a cost-effective alternative to traditional probate proceedings, enabling heirs and beneficiaries to efficiently collect their inheritance. However, it is crucial to consult with a legal professional to ensure compliance with all relevant laws and regulations.

The Fullerton California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250 is a legal document that allows heirs and beneficiaries to collect personal property from a deceased person's estate without going through the formal probate process. This affidavit is specifically designed for small estates that meet certain criteria set forth by the Probate Code Section 13100. Key Features of Fullerton California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250: 1. Small Estate Requirements: The affidavit can only be used for estates that have a total value (minus liens and encumbrances) of $166,250 or less. It offers a simplified process for small estates, eliminating the need for a full probate administration. 2. Affine Information: The affidavit requires detailed information about the person requesting to collect the personal property, known as the affine. This includes their name, address, relationship to the deceased, and their legal authority to act on behalf of the estate. 3. Description of Assets: The affine must provide a detailed list of the assets they intend to collect using this affidavit. These might include bank accounts, vehicles, real estate, stocks, bonds, furniture, and other personal belongings. Each asset should be described accurately, including any identifying information such as account numbers or vehicle identification numbers. 4. Declarations Under Penalty of Perjury: The affine must sign the affidavit under penalty of perjury, stating that the information provided is true and correct to the best of their knowledge. This reaffirms the seriousness of the document and the legal obligations associated with it. 5. Legal Limitations and Timeframes: It is important to note that the use of this affidavit has limitations. It cannot be used to transfer real estate or vehicles with a value exceeding $50,000. Additionally, the affidavit must be submitted within 40 days from the date of the decedent's death. Types of Fullerton California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250: While there might not be different "types" of this affidavit, it can be used in various cases where the estate value falls under the specified amount and the assets to be collected meet the requirements outlined in the Probate Code Section 13100. The specific circumstances, such as the nature and number of assets, will vary case by case, but the general process and purpose of the affidavit remain the same. In conclusion, the Fullerton California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250 provides a simplified and expedited method for distributing personal property from small estates. It offers a cost-effective alternative to traditional probate proceedings, enabling heirs and beneficiaries to efficiently collect their inheritance. However, it is crucial to consult with a legal professional to ensure compliance with all relevant laws and regulations.

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