Fill and Sign the California Real Form

DE-310 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : FOR COURT USE ONLY SUPERIOR COURT OF CAL IFORNIA, COUNTY OF MATTER OF DECEDENT CASE NUMBER: PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY HEARING DATE: DEPT.: Petitioner (name of each person claiming an interest): requests a determination that the real property petitioner and that no administration of decedent's estate is necessary. Decedent ( name ): Date of death: Place of death (city and state or, if outside the United States, city and country): At least 40 days have elapsed since the date of decedent's death. Decedent was a resident of this co unty at the time of death. 4. b. intestate testate and a copy of the will and any codicil is affixed as Attachment 5 or 12a. Decedent died 6. No proceeding for the administration of decedent's es tate is being conducted or has been conducted in California. b. Proceedings for the administration of decedent 's estate in another jurisdiction: Have not been commenced. a. Have been commenced b. Decedent is survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8)) spouse deceased divorced or never married. no spouse as follows: spouse (1) natural or adopted no child (5) natural adopted by a third party child as follows: no issue of a predeceased child issue of a predeceased child (7) is Decedent Probate Code, § 13151 Decedent was not a resident of California at the time of death . Decedent died owning property in this county. Form Adopted for Mandatory Use DE-310 [Rev. July 1, 2012] TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY (Estates of $150,000 or Less) (Probate—Deced ents’ Estates) TIME: FAX NO. (Optional) : And Personal Property (Estates of $150,000 or Less) 1. (Name): and personal property described in item 11 is property passing to 2. a. b. a. 3. a. 5. 7. and completed. Decedent's personal representative's cons ent to use the procedure provided by Probate Code section 13150 et seq. is attached as Attachment 6b. The gross value of decedent's interest in real and personal pr operty located in California as shown by the Inventory and Appraisal attached to this petition—excluding the property described in Probate Code section 13050 (property held in joint tenancy or as a life estate or other interest terminable upon decedent's death, property passing to decedent's spouse, property in a trust revocable by decedent, etc.)—did not exceed $150,000 as of the date of decedent's death. (Prepare and attach an Inventory and Appraisal as Attachment 8 (use Judicial Council forms DE-160 and DE-161 for this purpose). A probate refer ee appointed for the county named above must appraise all real property and all personal property other than cash or its equivalent. See Prob. Code, §§ 8901, 890 2.) 8. a. 9. (Specify state, county, court, and case number): b. Page 1 of 2 STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: is not survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier. (See Prob. Code, § 6454.) (2) (a) (b) (3) registered domestic partner no registered domestic partner (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.) (8) (4) (6) (a) (b) Judicial Council of California MATTER OF (Name): CASE NUMBER DECEDENT Each petitioner is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in the real property and personal property describ ed in item 11 because each petitioner is: (will) A beneficiary who succeeded to the property under decedent's will. a. b. The specific property interest claimed by each petitioner in the real property is stated in Attachment 13 is as follows (specify): The names and addresses of all persons named as executors in decedent's will are listed in Attachment 15 No executor is named. are listed below There is no will. 16. guardianship 17. conservatorship at decedent's death. The names and are listed below are listed in Attachment 17. addresses of all persons serv ing as guardian or conservator Number of pages attached: Date: * (Signature of all petitioners also required (Prob. Code, § 1020).) (SIGNATURE OF ATTORNEY *) I declare under penalty of perjury under the laws of the Stat e of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER ) (SIGNATURE OF PETITIONER ) (TYPE OR PRINT NAME OF PETITIONER) See Probate Code section 13152(c) for the requirement that a copy of the will be attached in certain instances. If required, include as Attachment 5 or 12a. Each person named in item 1 must sign. DE-310 [Rev. July 1, 2012] Decedent's estate was under a (no will) A person who succeeded to the property under Probate Code sections 6401 and 6402. 1 2 2 1 2 PETITION TO DETERMINE SUCCES SION TO REAL PROPERTY (Estates of $150,000 or Less) (Probate—Deced ents’ Estates) Page 2 of 2 12. and personal property described in item 11 13. 14. Petitioner is the trustee of a trust that is a devisee under dec edent's will. The names and addresses of all persons interested in the trust, as determined in cases of future interests under paragraphs (1), (2), or (3) of subdivision (a) of Probate Code section 15804, are list ed in Attachment 16. 15. 18. (TYPE OR PRINT NAME OF ATTORNEY) DE-310 SIGNATURE(S) OF ADDITIONAL PETITIONERS ATTACHED Attachment 11 contains (1) the legal description of decedent's real property and it s Assessor's Parcel Number (APN) and a description of personal property in California pa ssing to petitioner and (2) decedent's interest in the property. 11. The names, relationships to decedent, ages, and residence or maili ng addresses so far as known to or reasonably ascertainable by petitioner of (1) all persons named or checked in items 1, 9, and 10; (2) all other heirs of decedent; and (3) all devisees of decedent (persons designated in the will to rece ive any property) are listed in Attachment 14. A parent or parents who ar e listed in item 14. a. b. c. d. A brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 14. Other heirs under Probate Code section 6400 et s eq., all of whom are listed in item 14. No known next of kin. 10. Decedent is survived by (complete if decedent was survived by (1) a spous e or registered domestic partner described in Prob. Code, § 37 but no issue (only a or b apply); or (2) no spouse or registered domestic part ner described in Prob. Code, § 37, or issue. Check the first box that applies.):