Fill and Sign the Real Property Probate Form

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) : TELEPHONE AND FAX NOS.: ––––– ––––– ––––– ––––– ––––– ATTORNEY FOR (Name) : ––––– FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ––––– STREET ADDRESS: ––––– MAILING ADDRESS: ––––– CITY AND ZIP CODE: ––––– BRANCH NAME: ––––– MATTER OF (Name) : ––––– ––––– ––––– DECEDENT PETITION TO DETERMINE SUCCESSION TO CASE NUMBER: ––––– REAL PROPERTY (Estates $100,000 or Less) : And Personal Property HEARING DATE: ––––– 1. Petitioner (name of each person claiming an interest) : ––––– DEPT.: ––––– TIME: ––––– ––––– requests a determination that the real property and personal property described in item 11 is property passing to petitioner and that no administration of decedent's estate is necessary . 2. Decedent (name) : ––––– a. Date of death: ––––– b. Place of death (city, state) : ––––– 3. At least 40 days have elapsed since the date of decedent's death. 4. a. Decedent was a resident of this county at the time of death. b. Decedent was not a resident of California at the time of death. Decedent died owning property in this county. 5. Decedent died intestate testate and a copy of the will and any codicil is affixed as attachment 5 or 12a. 6. a. No proceeding for the administration of decedent's estate is being conducted or has been conducted in California. b. Decedent's personal representative's consent to use the procedure provided by Probate Code section 13150 et seq. is attached as Attachment 6b. 7. Proceedings for the administration of decedent's estate in another jurisdiction. a. have not been commenced. b. have been commenced and completed. (Specify state, county, court, and case number) : ––––– ––––– 8. The gross value of all real and personal property in decedent's estate located in California as shown by the Inventory and Appraisal attached to this petition, excluding the property described in Probate Code section 13050 (joint tenancy, property passing to dece- dent's spouse, etc.), does not exceed $100,000. (Attach an Inventory and Appraisal (form DE-160) as Attachment 8.) 9. a. The decedent is survived by (1) spouse no spouse as follows: divorced or never married spouse deceased (2) child as follows: natural or adopted natural adopted by a third party no child (3) issue of a predeceased child no issue of a predeceased child b. Decedent is ia 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.) 10. (Complete if decedent was survived by (1) a spouse but no issue (only a or b apply); or (2) no spouse or issue. Check the first box that applies.) a. The decedent is survived by a parent or parents who are listed in item 14. b. The decedent is survived by a brother, sister, or issue of deceased brother or sister, all of whom are listed in item 14. c. The decedent is survived by other heirs under Probate Code section 6400 et seq., all of whom are listed in item 14. d. Decedent is survived by no known next of kin. 11. Attachment 11 contains (1) the legal description of decedent's real property and its Assessor's Parcel Number (APN) and personal property in California passing to petitioner and (2) decedent's interest in the property. (Attach the legal description of the real and personal property and state decedent's interest.) (Continued on reverse) Form Approved by the Judicial Council of California DE-310 [Rev. January 1, 1998] PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY Probate Code, § 13151 (Probate) electronic form ã 2000 WWW.LawCA.co m Law Publishers MATTER OF (Name) : ––––– ––––– ––––– DECEDENT CASE NUMBER: ––––– 12. Each petitioner is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest i n the real property and the personal property described in item 11 because each petitioner is a. (will) a beneficiary who succeeded to the property under decedent's will. 1 b. (no will) a person who succeeded to the property under Probate Code sections 6401 and 6402. 13. The specific property interest claimed by each petitioner in the real property and personal property described in item 11 is stated in Attachment 13 is as follows (specify) : ––––– 14. The names, relationships, ages, and residence or mailing 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 receive any property) are listed below are listed in attachment 14. Name and relationship Age Residence or mailing address ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– 15. The names and addresses of all persons named as executors in the decedent's will are listed below are listed in attachment 15 none named no will. ––––– ––––– 16. The petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all persons interested in the trust, as determined in cases of future interests pursuant to paragraphs (1), (2), or (3) of subdivision (a) of Probate Code section 15804 are listed in attachment 16. 17. Decedent's estate was under a guardianship conservatorship at decedent's death. The names and addresses of all persons serving as guardian or conservator are listed below are listed in attachment 17. ––––– ––––– 18. 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 State of California that the foregoing is true and correct. Date: ––––– ––––– . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER 2 ) ––––– . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER 2 ) 1 See Probate Code, § 13651(c) for the requirement that a copy of the will be attached in certain instances. If required, include as attachment 5 or 12a. 2 Each person named in item 1 must sign. DE-310 [Rev. January 1, 1998] PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY (Probate) Page two electronic form ã 2000 WWW.LawCA.co m Law Publishers