The three-year period specified in this subdivision is not tolled for any reason. California Probate Code Section 13100 . For more detailed codes research information, including annotations and citations, please visit Westlaw . _____ died on _____, 20____, in the County of _____, State of California. ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. Division 8, Disposition of Estate Without Administration; Part 1, Collection or Transfer of Small Estate Without Administration; Chapter 1, Definitions; Section 13006. 2. (b) Receive any particular item of property that is tangible personal property of the decedent. Section 13000 - Definitions govern construction . can charge for a probate. I request that the above-described property be paid, delivered or transferred to me. [I/We] make this declaration to induce [holder of property] to transfer to [me/us] the described below under California Probate Code §§13100-13115. (name of decedent), died on (date of death) in the County of , California. Website: KEYTLaw, Call or email a CA LLC attorney 480-664-7472, California LLC Operating Agreement Questionnaire, Partnership Tax Audit Agreement Questionnaire, California Probate Code Section 13000 – 13116. Statutory fees are separate than extra-ordinary fees. Extra-oridinary probate fees are charged by the hour. California Probate Code Section 13000 CA Prob Code § 13000 (2017) Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] CHAPTER 3. (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied: (1) The person or persons executing the affidavit or declaration as successor of the decedent are entitled to have the property described in the affidavit or declaration paid, delivered, or transferred to them. (a) The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (1) No proceeding for the administration of the decedent’s estate is pending or has been conducted in this state. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. California Probate Code Sec. 13112. described in California Probate Code §13050 does not exceed one hundred 7. fifty thousand dollars ($150,000) and includes the following: [Describe the property to be transferred with sufficient detail to be identifiable.] Download PDF. (C) An identification card issued by a state other than California. NONDOMICILIARY DECEDENTS. The statutory fees prescribed by §10810 are based on the value of the estate, as determined during the probate process. Under California’s Probate Code Section 13100-13116, successors in interest may file probate form 13100 affidavit for the collection of personal property, also known as a small estate affidavit, with the person or institution which has custody of the property: code: article: section: ... probate code. (name of decedent), died on (date of death) in the County of , California. If extraordinary services are performed by them, the court will allow a reasonabl e fee to each above the standard fee. Probate Code § 13050 specifically excludes certain property from the “gross value of the estate” calculation, and should be reviewed carefully prior to executing an Affidavit under Probate Code § 13000, as described in Probate Code § 13101. To read more about the law on this topic, see Probate Code Section 210-212 . Probate fees are set by California’s Probate Code §10810. (2) The person executes the affidavit or declaration in the presence of the holder. ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. The petition must be submitted to the probate court for approval, but the process is simple and much faster than regular probate. If the total value of these assets is $166,250 or less and 40 days have passed since the death, you can transfer personal property by writing an affidavit. 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