Los Angeles California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under 166,250 is a legal document used for transferring personal property from a deceased individual with a small estate to their rightful heirs or beneficiaries. This affidavit is governed by Probate Code Section 13100, which allows for the simplified transfer of assets without the need for a formal probate process. There are two types of Los Angeles California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under 166,250: 1. Simple Affidavit for Collection of Personal Property: This affidavit is used when the total value of the decedent's estate, excluding any real property, does not exceed $166,250. It can be used to claim assets such as bank accounts, vehicles, stocks, bonds, and personal belongings. 2. Real Property Excluded Affidavit for Collection of Personal Property: If the decedent's estate includes real property, but the total value of the estate, including the real property, still does not exceed $166,250, this affidavit can be used. It allows for the transfer of personal property while excluding the real property from the simplified process. The transfer of real property may require a separate legal process, such as a formal probate or a summary administration. In order to complete the Los Angeles California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under 166,250, the following information is typically required: 1. Affine Information: The name, address, and relationship to the decedent of the person making the affidavit (affine). 2. Decedent Information: The name, date of death, and residential address of the deceased individual. 3. Estate Information: A detailed list of the personal property being transferred, including bank accounts, investments, vehicles, and any other assets. 4. Asset Valuation: The estimated value of each asset listed in the affidavit. 5. Declaration of Small Estate: The affine declares under penalty of perjury that the total value of the decedent's estate, excluding any real property, does not exceed $166,250. 6. Signatures: The affidavit must be signed by the affine in the presence of a notary public. It is important to note that this information serves as a general guide, and it is advisable to consult with a qualified attorney or legal professional when dealing with estate matters. Additionally, local regulations and requirements may vary, so it is essential to consult the specific guidelines provided by the Los Angeles County Courts or seek professional legal advice.
Los Angeles California Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $184,500
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Probate Code §§ 13100 ? 13115 provide for a summary procedure to transfer the personal property of a decedent without going through a probate action if the decedent's estate is valued at less than $150,000 and at least forty (40) days have elapsed since the death of the decedent.
For an estate to qualify as a small estate under California law, the value of the property contained within the estate must not exceed $166,250.
1. The Small Estate Affidavit. If the total probate estate does not exceed $184,500 (this is the maximum value for deaths occurring on or after April 1, 2022), you can use the small estate affidavit to collect all property other than real estate.
Use the Court Locator and find the probate court where the decedent was a resident. The State filing fee is $435.
Code §§ 13100-13116, the person(s) entitled to the property may present a Small Estate Affidavit, commonly known as an Affidavit for Collection of Personal Property, to the person or institution having custody of the property, requesting that the property be delivered or transferred to the successor.
Legally, you are not required to have the affidavit notarized BUT many institutions will ask you to, so it is a good idea to notarize it before you try to use it to transfer the property. 4. If there are other people entitled to inherit the property, they MUST also sign the affidavit.
California Small Estate Affidavit (Affidavit for Collection of Personal Property) Create a high quality document online now! A California small estate affidavit, or ?Petition to Determine Succession to Real Property,? is used by the rightful heirs to an estate of a person who died (the ?decedent?).
Updated · 2min read. An affidavit is a written statement, sworn to be true, that can be used as evidence in legal proceedings.
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2 for any particular proceeding under the Code without regard to whether the proceedings in which the fee is sought are informal or formal: [a “simple” or “simple-informal” probate proceeding is] Whenever a person, or a guardian or conservator for the estate, makes application to the Court, or, if there are no application, to the Court and an appointed administrator makes such application to the Court, to be satisfied, whether by a determination or finding of a simple or simple-informal probate court, of a cause of action, of an issue and or to a petition or application for a proceeding under this Code, that the estate, which consists of personal property [or land or other personal real estate] which no other person has a right to possess or obtain possession of or have control over, was left in whole or in part, by will or by a writing executed by the testator or his testator's representative, or as the case may be, such other provision as may be made by the legislature, in
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