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

• Category: California Probate - Small Estates
• State: California
• City: Oxnard
• 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 Oxnard California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250 is a legal document used in the state of California to transfer the property of a deceased individual to their rightful heirs or beneficiaries. This affidavit serves as a simplified probate process for small estates, where the total value of the assets does not exceed $166,250. There are three different types of Oxnard California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250: 1. Spouse's Affidavit: This type of affidavit is used when the deceased person left behind a surviving spouse. The spouse is entitled to claim the personal property of the deceased, including bank accounts, vehicles, personal belongings, and other assets. 2. Domestic Partner's Affidavit: If the deceased individual had a registered domestic partner, the domestic partner can use this affidavit to claim the personal property of the deceased. The process and requirements are similar to the spouse's affidavit. 3. Successor's Affidavit: This option is available when there is no surviving spouse or registered domestic partner. In such cases, the successor(s) named in the decedent's will or living trust can use this affidavit to collect the personal property of the deceased. To initiate the process, the affine (the person submitting the affidavit) must complete the Oxnard California Affidavit for Collection of Personal Property form. This form includes specific information about the deceased person, such as their name, address, date of death, and a statement confirming that the estate falls under the small estate limit. The affine must provide a detailed list of the decedent's assets and their respective estimated values. This may include bank accounts, investments, real property with minimal equity, vehicles, personal belongings, and other assets, excluding real estate properties with significant equity. Once the completed affidavit is signed, it must be notarized before submission to the relevant institution holding the deceased person's assets, such as banks or financial institutions. The affine may need to provide additional supporting documents, such as a copy of the death certificate. It's important to note that the Oxnard California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250 is not applicable if the deceased person had a will that is being probated or if there is a pending probate case in court. In such cases, a full probate process would be required. The purpose of this simplified affidavit process is to expedite the transfer of small estates without involving a formal probate court case.

The Oxnard California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250 is a legal document used in the state of California to transfer the property of a deceased individual to their rightful heirs or beneficiaries. This affidavit serves as a simplified probate process for small estates, where the total value of the assets does not exceed $166,250. There are three different types of Oxnard California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250: 1. Spouse's Affidavit: This type of affidavit is used when the deceased person left behind a surviving spouse. The spouse is entitled to claim the personal property of the deceased, including bank accounts, vehicles, personal belongings, and other assets. 2. Domestic Partner's Affidavit: If the deceased individual had a registered domestic partner, the domestic partner can use this affidavit to claim the personal property of the deceased. The process and requirements are similar to the spouse's affidavit. 3. Successor's Affidavit: This option is available when there is no surviving spouse or registered domestic partner. In such cases, the successor(s) named in the decedent's will or living trust can use this affidavit to collect the personal property of the deceased. To initiate the process, the affine (the person submitting the affidavit) must complete the Oxnard California Affidavit for Collection of Personal Property form. This form includes specific information about the deceased person, such as their name, address, date of death, and a statement confirming that the estate falls under the small estate limit. The affine must provide a detailed list of the decedent's assets and their respective estimated values. This may include bank accounts, investments, real property with minimal equity, vehicles, personal belongings, and other assets, excluding real estate properties with significant equity. Once the completed affidavit is signed, it must be notarized before submission to the relevant institution holding the deceased person's assets, such as banks or financial institutions. The affine may need to provide additional supporting documents, such as a copy of the death certificate. It's important to note that the Oxnard California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under $166,250 is not applicable if the deceased person had a will that is being probated or if there is a pending probate case in court. In such cases, a full probate process would be required. The purpose of this simplified affidavit process is to expedite the transfer of small estates without involving a formal probate court case.

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