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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Figuring Out if You Have the Legal Right to Inherit the Property You can use the affidavit process if you have the legal right to inherit property from the person who died. All life insurance or retirement benefits that will be paid to the estate but not any insurance or retirement benefits designated to be paid to probae other person.

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

If you are not sure if you qualify to inherit the property in question, talk to a lawyer. Click on a topic to learn more: At least 15 days before the hearing, you must have the following people served given a Notice of Hearing by mail or in person: Have the affidavit notarized.

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 having to go through probate court.


You do not have to include property held in joint tenancy, multiple-party accounts, or pay-on-death accounts. If the decedent dies with a Will, only the beneficiaries under the Will are entitled to collect.

How do I handle bank accounts held in joint tenancy? There may be tax consequences. You can use this form for clearing title to Real and Personal Property.

A Spousal Property petition is a way to transfer or confirm property to a surviving spouse without a full probate proceeding.

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

Make sure the case is not already in probate court. So, talk to a lawyer first. If the decedent dies without a Will, the only people caa have the right to collect his or her property are: The form will ask you for an inventory and appraisal and a description of the real property. Talk to a tax consultant to learn about your options and the tax implications. Send a certified copy of the decedent’s death certificate along with the claim form to the insurance company.

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

If there are other people entitled to inherit the property, they MUST also sign the affidavit. This method is called the Section Procedure.

You may be able to get them from: See joint tenancy above. Or you can do one affidavit for each asset. Life insurance, death benefits or other assets not subject to probate that pass directly to the beneficiaries. Click on a topic to learn more:.

Attach to the affidavit: What if the person dies without a Will?


But this process is not for real property, like a house. It must be at least 40 days since the decedent died. There is a simplified process you can use to transfer probbate property to your name. If you are an heir or beneficiary, you can ask the Court to make an order to clear title.

Take the signed order and file it in the Clerk’s Office. So, talk to a lawyer before you record the Affidavit. You can use the affidavit process if you have the legal right to inherit property from the person who died. Will there be a Court Hearing?

Click for help finding a lawyer. Their phone number is 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 would override his or her wishes. This is much easier than a full probate proceeding.

You can find the address in your phone book.

If the Court approves the Petition, the judge will sign the Order and give it back to you. You are not allowed to subtract the debts of the person who died. How do I file a Spousal Property petition? Retirement benefits Find out the amount of the benefit, the entitled beneficiaries and the payout options.