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© 2016 - U.S. Legal Forms, Inc. CALIFORNIA AFFIDAVIT OF SURVIVING SPOUSE SUCCEEDING TO TITLE TO COMMUNITY PROPERTY [Probate Code § 13540] Control Number: CA-DE-100 I. TIPS ON COMPLETING THE FORMSThe form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand.It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner.II. DISCLAIMERThese materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Affidavit of Surviving Spouse Page 1 of 2Recording requested by: And, when recorded, mail this deed and tax statements to:[Name][City, State,Zip][Telephone]Assessor’s Parcel Number: AFFIDAVIT OF SURVIVING SPOUSE SUCCEESING TO TITLE TO COMMUNITY PROPERTY [Probate Code § 13540] STATE OF , COUNTY OF ) ss. , of legal age, being duly sworn, deposes and says:1. That , the decedent mentioned in the attached certified copy of Certificate of Death (see Exhibit A attached hereto and incorporated by reference as though set forth in full), is the same person named as one of the parties in that certain dated executed by to , as community property, recorded as Instrument No. in Book , Page , of the Official Records of County,California, covering the following described property situated in the County of ,State of California. 2. That he was married to at the time of the death of the decedent. 3. That the above-described property has been at all times since acquisition considered the community property of her and decedent. 4. That more than forty (40) days have passed since the death of the above named decent, and no notice has been recorded pursuant to Section 13541 of the Probate Code. Affidavit of Surviving Spouse Page 2 of 25. That, with respect to the above-described property, there has not been nor will there be an election filed pursuant to Probate Code Sections 13502 or 13503 in any probate proceedings in any court of competent jurisdiction.6. That the above described property has not passed to someone other than the affiant under the decedent’s will or by interstate succession. 7. That the property has not been disposed of in trust under the decedent’s will. 8. That the decedent’s will does not limit the affiant to a qualified ownership.9. That this Affidavit is made for the protection and benefit of the surviving spouse, his/her successors, assigns and personal representatives and all other parties hereafter dealing with or who may acquire an interest in the above described property.Dated: Signature of Affiant Type or Print Name State of CaliforniaCounty of On , 20 before me, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature (Seal) Affidavit of Surviving Spouse Exhibit A EXHIBIT A Certificate of Death