Fill and Sign the California Probate Code Form

AFFIDAVIT - WAIVER OF SPOUSAL RIGHTS (California Probate Code §§140-147) State of ______________ County of ___________ _ I, ______________________________, the undersigned, being first duly sworn, says: 1. I am the surviving spouse of_________________________, who died at the age of ________ on the _____. Day of _____________, 20____; and at the time of his/her death resided at ____________________________, City of __________________________, County of ________________________, State of _____________________, having a Social Security Number of ____________________. 2. That I hereby waive all rights in the property or estate of the decedent, including, but not limited to, the following: a. Property that would pass from the decedent by intestate succession. b. Property that would pass from the decedent by testamentary disposition in a will executed before the waiver. c. A probate homestead. d. The right to have exempt property set aside. e. Family allowance. f. The right to have an estate set aside under Chapter 6 (commencing with Section 6600) of Part 3 of Division 6 of the California Probate Code. g. The right to elect to take community or quasi-community property against the decedent's will. h. The right to take the statutory share of an omitted spouse. i. The right to be appointed as the personal representative of the decedent's estate. j. An interest in property that is the subject of a non-probate transfer on death under Part 1 (commencing with Section 5000) of Division 5 of the California Probate Code. 3. Regarding my right to counsel: I have been full advised by counsel. I have elected to waive counsel. 4. My waiver of Spousal Rights is based upon: [list circumstances and facts that support the reasonableness of the waiver. For example lengthy absence, voluntary separation, etc.] WITNESS my signature, this _____day of ________, 20___. ______________________________ Signature of Affiant ______________________________ Affiant’s Name ______________________________ Affiant’s Address ______________________________ State of California County of On 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(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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)