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Probate affidavit for a small estate in California

by Stan Burman

A probate affidavit for a small estate in California is the topic of this blog post.

A probate affidavit for a small estate in California is authorized by the provisions of Probate Code sections 13100 through 13106.

The small estate affidavit procedure is an excellent tool for settling small estates in California. However in order to use this procedure you must first meet all of the requirements.  You should first make sure that all of the requirements that I have listed below are met before attempting to use a small estate affidavit.

The small estate affidavit cannot be submitted until at least 40 days have passed since the death of the decedent.

A certified copy of the death certificate must be attached to the small estate affidavit.

The small estate affidavit can only be used in estates where the gross value of estate is less than $150,000.

There cannot be any real property in the estate.

There cannot be any probate proceedings either pending or previously filed regarding the estate of the decedent.

The small estate affidavit must be signed by the successors of the decedent as defined in Probate Code section 13106.

You should also be sure to list in detail the specific items of personal property that you want paid, transferred or delivered to you.

Attorneys or parties in California that would like to view a sample probate affidavit for California containing brief instructions and available for FREE download in Microsoft Word format created by the author can use the link shown below.

Sample Probate Affidavit for California by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.


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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

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