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California Probate Code – PROB PROB CA PROBATE Section Read the code on FindLaw. California Probate Code: Excluding the property described in Section , if the gross value of the decedent’s real and personal property in . AFFIDAVIT to comply with California Probate Code The undersigned hereby declare s 2. I/We make this declaration to induce holder of property to.

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You must have a written document, like a deed to real property pdobate title to a car, that says the property is in joint tenancy with the names of the joint tenants. You can use the affidavit process if you have the legal right to inherit property from 133100 person who died.

It can be very complicated to figure out if you have the legal right to inherit the property. You must be a beneficiary in the person’s will or an heir if the person died without a will.

Who can file a Spousal Property petition? How can I find a Probate lawyer or legal aid?

Simplified Probate Procedure – The Superior Court of California, County of Santa Clara

Bank accounts that are owned by multiple persons, including the person who died. Joint tenancy is a way for two or more people to own property in equal shares so that when one of the joint tenants dies, the property can pass to the surviving joint tenant s without probwte to go through probate court.

A Spousal Property petition is a way 131100 transfer or confirm property to a surviving spouse without a full probate proceeding. You can talk to a lawyer. Contact the decedent’s insurance agent or broker. All heirs of the deceased spouse. Figuring Out if You Have the Legal Right to Inherit the Property You can use the affidavit process if 113100 have the legal right to inherit property from the person who died. A certified copy of the death certificate of the deceased joint tenant, and The original stock certificate if the deceased joint tenant had one.

Please attach a note to this form with the date of your hearing. There may be tax consequences. Other people may qualify too, like the guardian or conservator of the estate. You can do this to transfer: This method is called the Section Procedure. Your court’s self-help center may also have this form or a probafe you can use to guide you.


If it is, you cannot use the affidavit process unless the personal representative of the estate agrees in writing to let you do so. What is a Spousal 133100 petition when there is a surviving spouse?

Proof of your identity like a driver’s license or passport An Cz and Appraisal Form DE of all real property owned by the decedent in California.

There is a simplified process you can use to transfer the property to your name. Or, if there is a probate proceeding pending: Take a certified copy of the death certificate of the deceased joint tenant and your affidavit to the recorder’s office in the county where the real property is located. Take or mail the following documents to the transfer agent at the financial institution: If a joint tenant died and puts in a will or trust that his or her share would pass to a person other than the surviving joint tenant, the joint tenancy provate override his or her wishes.

It can usually be done with only one hearing in the court. But, you must include the decedent’s share of any community property.

Affidavit for Transfer of Personal Property Worth $150,000 or Less

Other companies may require you to consult with a bank or institutional trustee, a life insurance company or a commercial pension administrator. There are certain rules: Retirement benefits Find out the amount of the benefit, the entitled beneficiaries and the payout options. Many banks prboate other institutions have their own affidavit.

How do I handle bank accounts held in joint tenancy?

Make sure the case is not already in probate court. You can find the address in your phone book. You must file your form with the Clerk of the Superior Court. All of the decedent’s unsecured debts must have been paid. Life insurance, death benefits or other assets not subject to probate that pass directly to the beneficiaries. The names, addresses, ages, and relationships of all heirs, legatees, and devisees of the decedent are as follows: If it is not your intention for the co-owner of an asset to inherit your share, you should not enter into a joint tenancy.


So, talk to a lawyer first. Real or personal property that the person who died owned with someone else joint tenancy. What is joint tenancy? If there is no real property, then you do not need this form.

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 13010. Send a certified copy of the decedent’s death certificate along with the claim form to the insurance company.

Talk to a tax consultant to learn about your options and the tax implications.

Affidavit for Transfer of Personal Property Worth $, or Less – probate_selfhelp

If you are an heir or beneficiary, you can ask the Court to probatee an order to clear title. The executor or administrator of the estate proabte a probate of the estate has been started in court. See Vehicle Code Section All of the decedent’s funeral expenses, expenses of last illness and unsecured debts have been paid.

Proof that the person who died owned the property like a bank passbook, storage receipt, stock certificate.

A certified copy of the death certificate of the deceased joint tenant, and A check drawn for the balance of the checking account, or The savings account passbook. If the Court sets aside the estate, the surviving spouse or children have to pay the decedent’s unsecured debts up to the value of the estate, minus liens and homestead or other exempt property.

The debts or mortgages of the person who died.