CALIFORNIA CODES ••• CALIFORNIA PROBATE CODE. No other person has a superior right to the interest of the decedent in the described property. California Probate Code Section 13100 is part of the California state law regarding the acquiring of property under a certain value by a successor from the estate of a decedent. (d) A sister state personal representative may act on behalf of the beneficiaries as provided in Chapter 3 (commencing with Section 12570) of Part 13 of Division 7. Is/are authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. At least 40 days have passed since the death of the decedent, as shown by the attached certified copy of the decedent’s death certificate. Pursuant to California Probate Code §13100-13116 I, , state as follows: 1. (c) If the decedent’s will authorizes a custodian under the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state to receive a devise to a beneficiary, the custodian may act on behalf of the beneficiary until such time as the custodianship terminates. © 2020 LawServer Online, Inc. All rights reserved. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] CHAPTER 2. (name of decedent), died on (date of death) in the County of , California. Regarding California Probate Code Section 13050: it states the property can not exceed $100,000 market value in order to use the Small Estate Declaration. California Probate Code Section 13051. Probate Code) to the decedent's interest in the described property." 13050. (A) "The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California . CA Prob Code § 13050 (through 2012 Leg Sess) What's This? 6, 2016). Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:. 3. to act on behalf of 3. Read Section 13051, Cal. (B) "The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property." AFFIDAVIT UNDER CALIFORNIA PROBATE CODE SECTION §13101 CCC TTC (2015) Page 2 9. The date and place of the decedent’s death is: _____ 3. or "The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property." The question is: What if the mortgage balance is more than the value of the property and the estate has no other assets? 35.). Help Sign In Sign Up Sign Up. (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property.” (Amended by Stats. 8. (8084) For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent's property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. Original Source: JX. The name of the decedent is: _____ 2. ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. To determine whether the decedent’s assets qualify as a small estate in California, include the value of decedent’s personal and real property. (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.” For the purposes of this part: (a) The guardian or conservator of … No other person has a superior right to the interest of the decedent in the described property. In the case of a trust that is subject to continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the trustee may act on behalf of the trust without the need to obtain approval of the court.  The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of the successor(s) of the decedent with respect to the decedent’s interest in the described property. For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. Please refer to the California Probate Code section 13051 and 13006 for more information. Now Californians can avoid probate if the decedent’s total estate does not exceed the new limit of $166,250. 10. (1) Any property or interest or lien thereon that, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, or that was held by the decedent and passed to the decedent’s surviving spouse pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent or … Location:https://california.public.law/codes/ca_prob_code_section_13051. Through social Signature and Date: All claimants must print their name, sign, and date this form. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. Probate Code. How Do You Determine If The Estate Qualifies As a Small Estate Under California Law? _____ died on _____, 20____, in the County of _____, State of California. 2015 California Code Probate Code - PROB DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION CHAPTER 2 - General Provisions Section 13051. (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property.” 2. 2. (Probate Code Section 13101) STATE OF _____ COUNTY OF _____ I, the undersigned, affirm under penalty of perjury under the laws of the State of California that the following is true and correct: 1. for non-profit, educational, and government users. California Codes > Probate Code > Division 8 - Disposition of Estate Without Administration, Florida Statutes > Chapter 735 - Probate Code: Small Estates, Iowa Code > Chapter 635 - Administration of Small Estates, Kansas Statutes > Chapter 59 > Article 32 - Simplified Estates Act, Kansas Statutes > Chapter 59 > Article 33 - Informal Administration Act, Nevada Revised Statutes > Chapter 146 - Support of Family; Small Estates, New York Laws > Surrogate's Court Procedure > Article 13 - Settlement of Small Estates Without Court Administration, North Carolina General Statutes > Chapter 28A > Article 25 - Small Estates, North Dakota Code > Chapter 30.1-23 - Collection by Affidavit - Administration for Small Estates, Rhode Island General Laws > Chapter 33-24 - Small Estates, Tennessee Code > Title 30 > Chapter 4 - Small Estates, Vermont Statutes > Title 14 > Chapter 81 - Small Estates, Washington Code > Chapter 11.62 - Small estates -- Disposition of property. 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