AFFIDAVIT under CALIFORNIA PROBATE CODE SECTION 13100 Marincourt 2015

What is the small estate affidavit under California Probate Code Section 13100?

The small estate affidavit under California Probate Code Section 13100 is a legal document that allows individuals to claim assets of a deceased person without going through the formal probate process. This affidavit is applicable when the total value of the decedent's estate is less than $166,250 as of 2023. It simplifies the transfer of assets by enabling heirs or beneficiaries to collect property directly from financial institutions or other entities holding the decedent's assets.

Key elements of the small estate affidavit

Understanding the key elements of the small estate affidavit is essential for effective use. The affidavit must include the following:

• The name and address of the decedent.
• The date of the decedent's death.
• A statement confirming the total value of the estate does not exceed the specified limit.
• The names and addresses of the heirs or beneficiaries entitled to the assets.
• A declaration that no probate proceedings are pending or have been initiated.

These elements ensure that the affidavit meets legal requirements and can be accepted by institutions holding the decedent's assets.

Steps to complete the small estate affidavit

Completing the small estate affidavit involves several important steps:

1. Gather necessary information about the decedent, including their full name, date of death, and details of the estate.
2. Obtain the small estate affidavit form, which can typically be found through county probate court websites or legal resources.
3. Fill out the form accurately, ensuring all required information is included.
4. Sign the affidavit in the presence of a notary public, as notarization is often required for legal validity.
5. Submit the completed affidavit to the institutions holding the decedent's assets, along with any required documentation.

Following these steps carefully helps ensure a smooth process in claiming the estate's assets.

Legal use of the small estate affidavit

The small estate affidavit serves a specific legal purpose in California. It allows heirs or beneficiaries to access the decedent's assets without the need for formal probate. This method is particularly beneficial for smaller estates, as it reduces the time and costs associated with probate proceedings. However, it is crucial to use the affidavit correctly, as any inaccuracies or omissions could lead to delays or legal complications.

Eligibility criteria for using the small estate affidavit

To be eligible to use the small estate affidavit under California Probate Code Section 13100, certain criteria must be met:

• The total value of the decedent's estate must be less than $166,250.
• The decedent must have passed away at least 40 days prior to filing the affidavit.
• No probate proceedings should be pending or initiated.
• The individual filing the affidavit must be an heir or beneficiary entitled to the estate's assets.

Meeting these criteria ensures that the affidavit can be utilized effectively and legally.

Form submission methods for the small estate affidavit

The small estate affidavit can be submitted through various methods, depending on the institutions holding the assets. Common submission methods include:

• In-person delivery at the financial institution or entity holding the decedent's assets.
• Mailing the affidavit along with any required documentation to the appropriate address.
• Some institutions may offer online submission options for added convenience.

Choosing the appropriate submission method is important for ensuring timely processing of the affidavit.