Santa Clara California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under 166,250 is a legal document used to transfer property from a deceased person's estate to their beneficiaries without going through the formal probate process. This affidavit is specifically designed for small estates valued at or below $166,250 in Santa Clara, California. The purpose of the Santa Clara California Affidavit for Collection of Personal Property is to simplify and expedite the transfer of assets from the deceased person to their rightful heirs or beneficiaries. It provides a streamlined procedure that eliminates the need for a probate court proceeding when the estate meets the small estate threshold. To be eligible to use this affidavit, certain criteria must be met. These criteria include: 1. The deceased person passed away in Santa Clara County, California. 2. The fair market value of the decedent's assets does not exceed $166,250, excluding joint tenancy or payable-on-death accounts. 3. 40 days have passed since the person's death. 4. No probate proceeding has been initiated or is pending. By filing the Santa Clara California Affidavit for Collection of Personal Property, the estate's personal representative can collect and distribute the decedent's property to the rightful beneficiaries without the need for a formal probate process. This affidavit allows for a faster and simpler transfer of assets, saving time and money for the parties involved. Different types of Santa Clara California Affidavit for Collection of Personal Property under Probate Code Section 13100 include: 1. Santa Clara California Affidavit for Collection of Personal Property — Single Decedent: This is used when the deceased person was an individual with no co-owners or joint tenants. It allows for the transfer of the entire estate to the beneficiaries listed in the affidavit. 2. Santa Clara California Affidavit for Collection of Personal Property — Joint Tenancy: This affidavit is used when the decedent held property in joint tenancy with another person who is now the surviving joint tenant. It enables the surviving joint tenant to claim ownership of the property without the need for probate. 3. Santa Clara California Affidavit for Collection of Personal Property — Payable-on-Death (POD): This affidavit is used when the deceased person held assets such as bank accounts, retirement accounts, or life insurance policies with a designated beneficiary. It allows the beneficiary to claim the assets directly without involving probate. 4. Santa Clara California Affidavit for Collection of Personal Property — Surviving Spouse or Domestic Partner: This affidavit is used when the decedent was married or in a registered domestic partnership at the time of death and the property is community property. It allows the surviving spouse or domestic partner to claim the community property. In conclusion, Santa Clara California Affidavit for Collection of Personal Property — Probate Code Section 1310— - Small Estates under 166,250 is a useful legal tool to facilitate the transfer of property in small estates. It simplifies and expedites the process, benefiting both the estate's personal representative and the beneficiaries.
Santa Clara California Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $184,500
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How to fill out Santa Clara California Affidavit For Collection Of Personal Property - Probate Code Section 13100 - Small Estates Under $184,500?
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