Fillable  Small Estate Affidavit Template for California Access This Form

Fillable Small Estate Affidavit Template for California

The California Small Estate Affidavit is a legal document that allows individuals to transfer the assets of a deceased person without going through the lengthy probate process. This form is particularly useful for estates valued at $166,250 or less, simplifying the transfer of property to heirs or beneficiaries. If you need to fill out the Small Estate Affidavit, click the button below to get started.

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Overview

The California Small Estate Affidavit is a valuable tool for individuals navigating the probate process for estates that fall below a certain value threshold. This form allows heirs or beneficiaries to claim assets without the need for formal probate proceedings, streamlining the transfer of property. Typically, the Small Estate Affidavit can be utilized when the total value of the deceased's assets does not exceed $166,250, excluding certain types of property. This form requires the affiant to provide essential information, including details about the deceased, a description of the assets, and a declaration that no probate proceedings are pending. Additionally, the affiant must affirm their relationship to the deceased and their entitlement to the assets. By using this affidavit, individuals can expedite the distribution of assets, thereby alleviating some of the burdens associated with estate settlement. Understanding the requirements and proper usage of the Small Estate Affidavit is crucial for those seeking to efficiently manage the affairs of a loved one who has passed away.

California Small Estate Affidavit Preview

California Small Estate Affidavit

This document is a California Small Estate Affidavit, intended to simplify the transfer of property for estates valued at $166,250 or less, in accordance with the California Probate Code Section 13100-13116. Please provide the required information in the blanks.

Section 1: Deceased Information

Full Name of Deceased: ____________________________________________________

Date of Death: ______________________

County of Residence at Time of Death: _______________________________________

Section 2: Affiant Information

Full Name of Affiant (Person claiming property): ___________________________________________

Address: _____________________________________________________________________________

Relationship to Deceased: _____________________________________________________________

Telephone Number: ___________________________

Section 3: Property Description

Describe the property to be transferred under this affidavit:

____________________________________________________________________________________

____________________________________________________________________________________

Section 4: Debts and Liabilities

Are there any known debts or liabilities of the deceased? ___ Yes ___ No

If yes, provide a detailed list of debts and liabilities:

  • _________________________________________________________
  • _________________________________________________________
  • _________________________________________________________

Section 5: Successors

List all successors entitled to the property under California law (name and relationship):

  • _________________________________________________________
  • _________________________________________________________
  • _________________________________________________________

Section 6: Declaration

The undersigned states under penalty of perjury under the laws of the State of California that all information provided in this affidavit is true and accurate. The undersigned further declares understanding the lawful penalties for knowingly making a false statement within this document.

Date: ______________________

Signature of Affiant: ______________________

Instructions for Use:

  1. Fill in all blanks with the appropriate information.
  2. Gather necessary documents proving the right to the claimed property.
  3. Present this affidavit, along with the death certificate of the deceased, to the institution holding the property (e.g., bank) or to the person in possession of the property.

Note: This affidavit does not apply to real estate transactions. For legal advice regarding specific situations or to handle real estate, consult with a licensed California attorney.

File Characteristics

Fact Name Details
Purpose The California Small Estate Affidavit allows individuals to claim assets of a deceased person without going through formal probate.
Eligibility To use this affidavit, the total value of the deceased's estate must not exceed $166,250 (as of 2023).
Governing Law The use of the Small Estate Affidavit is governed by California Probate Code Section 13100.
Assets Covered This affidavit can be used for various assets, including bank accounts, vehicles, and personal property.
Filing Requirements Affidavits must be signed under penalty of perjury and may require a death certificate.
Timeframe There is no specific deadline to file the affidavit, but it should be done promptly to access the deceased's assets.
Limitations This process cannot be used if the deceased person owned real estate or if there are disputes among heirs.
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