The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: _____ _____ _____ 7. Now Californians can avoid probate if the decedent’s total estate does not exceed the new limit of $166,250. Division 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION. Terms Used In California Probate Code 13051 No other person has a superior right to the interest of the decedent in the described property. 1991, Ch. • Theaffiantor declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successorof the decedent (as definedin Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. 8. No other person has a superior right to the interest of the decedent in the described property. Probate Code. © 2020 LawServer Online, Inc. All rights reserved. To determine whether the decedent’s assets qualify as a small estate in California, include the value of decedent’s personal and real property. 2. (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.” 8. CALIFORNIA CODES ••• CALIFORNIA PROBATE CODE. California Probate Code Section 13100 . The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. No other person has a superior right to the interest of the decedent in the described property. 8. Is/are authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. (Amended by Stats. 6, 2016). Prob. Location:https://california.public.law/codes/ca_prob_code_section_13051. 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.] Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. (B) "The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property." We will always provide free access to the current law. I am: the successor(s) of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. OR authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. _____ _____ _____ 8. JX. § 13051, For the purposes of this part: (a) The guardian or conservator of … See California Probate Code section 13200. (last ac­cessed Jun. At least 40 days have passed since the death of the decedent, as shown by the attached certified copy of the decedent’s death certificate. The name of the successor of the Decedent is: 7. to act on behalf of Join thousands of people who receive monthly site updates. Read Section 13051, Cal. (e) The attorney in fact authorized under a durable power of attorney may act on behalf of the beneficiary giving the power of attorney. The date and place of the decedent’s death is: _____ 3. General Provisions Section 13050 . (a) The guardian or conservator of the estate of a person entitled to any of the decedent ‘s property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. Signature and Date: All claimants must print their name, sign, and date this form. California Probate Code Section 13051. Please refer to the California Probate Code section 13051 and 13006 for more information. Search the Law Search. It is applicable after a period of 40 days, according to the Legislative Counsel of California. The undersigned state(s) as follows: 1. we provide special support The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of the successor(s) of the decedent with respect to the decedent’s interest in the described property. Pursuant to California Probate Code §13100-13116 I, , state as follows: 1. The name of the decedent is: _____ 2. For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent's property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.” 2. (A) "The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California . Part 1 - COLLECTION OR TRANSFER OF … For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent's property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is … (B) "The affiant or declarant is authorized under Section 13051 of the California . 3. CA Prob Code § 13051 through (2015) Leg Sess What's This? _____ died on _____, 20____, in the County of _____, State of California. (1) Any property or interest or lien thereon that, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, or that was held by the decedent and passed to the decedent’s surviving spouse pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent or … (Probate Code Section 13101) STATE OF _____ COUNTY OF _____ I, the undersigned, affirm under penalty of perjury under the laws of the State of California that the following is true and correct: 1. (8084) 9. 2015 California Code Probate Code - PROB DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION CHAPTER 2 - General Provisions Section 13051. (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property.” 8. (b) The trustee of a trust may act on behalf of the trust. 3. (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property.” (c) If the decedent’s will authorizes a custodian under the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state to receive a devise to a beneficiary, the custodian may act on behalf of the beneficiary until such time as the custodianship terminates. California Probate Code Sections 13050 – 13054 Richard Keyt 2016-12-13T21:19:50-07:00. Original Source: California Probate Code: 13051. Statutes, codes, and regulations. In addition, At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the decedent's death certificate attached to this affidavit or declaration. (name of decedent), died on (date of death) in the County of , California. California Government Code 21257 Decedent: A deceased person. Help Sign In Sign Up Sign Up. Through social 35.). The question is: What if the mortgage balance is more than the value of the property and the estate has no other assets? Probate Code) to the decedent's interest in the described property." (a) The guardian or conservator of the estate of a person entitled to any of the decedent‘s property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. entre­pre­neurship, we’re lowering the cost of legal services and 13050. The declarant(s) is/are authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the Decedent (as defined in Section 13006 of the California Probate Code) with respect to the Decedent’s interest in the described property. California Codes > Probate Code > Division 8 - Disposition of Estate Without Administration, Florida Statutes > Chapter 735 - Probate Code: Small Estates, Iowa Code > Chapter 635 - Administration of Small Estates, Kansas Statutes > Chapter 59 > Article 32 - Simplified Estates Act, Kansas Statutes > Chapter 59 > Article 33 - Informal Administration Act, Nevada Revised Statutes > Chapter 146 - Support of Family; Small Estates, New York Laws > Surrogate's Court Procedure > Article 13 - Settlement of Small Estates Without Court Administration, North Carolina General Statutes > Chapter 28A > Article 25 - Small Estates, North Dakota Code > Chapter 30.1-23 - Collection by Affidavit - Administration for Small Estates, Rhode Island General Laws > Chapter 33-24 - Small Estates, Tennessee Code > Title 30 > Chapter 4 - Small Estates, Vermont Statutes > Title 14 > Chapter 81 - Small Estates, Washington Code > Chapter 11.62 - Small estates -- Disposition of property. The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of the successor(s) of the decedent with respect to the decedent's interest in the described property. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] CHAPTER 2. or "The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property." (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.” Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:. 13051. (d) A sister state personal representative may act on behalf of the beneficiaries as provided in Chapter 3 (commencing with Section 12570) of Part 13 of Division 7. for non-profit, educational, and government users. 1055, Sec. Regarding California Probate Code Section 13050: it states the property can not exceed $100,000 market value in order to use the Small Estate Declaration. Disposition of Estate Without Administration, Collection or Transfer of Small Estate Without Administration. How Do You Determine If The Estate Qualifies As a Small Estate Under California Law? No other person has a superior right to the interest of the decedent in the described property. The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property. Does that qualify for use of the Small Estate Declaration? CA Prob Code § 13050 (through 2012 Leg Sess) What's This? 2011 California Code Probate Code DIVISION 8. Any property or interest or lien thereon which, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, or which was held by the decedent and passed to the decedent’s surviving spouse pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent or … For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. increasing citizen access. Section 13006 of the California Probate Code) to the decedent's interest in the described property."  The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of the successor(s) of the decedent with respect to the decedent’s interest in the described property. AFFIDAVIT UNDER CALIFORNIA PROBATE CODE SECTION §13101 CCC TTC (2015) Page 2 9. https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=13051.­ 9. 10. 9. All State & Fed. 9. LawServer is for purposes of information only and is no substitute for legal advice. ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. Terms Used In California Probate Code 13006. Code § 13051, see flags on bad law, and search Casetext’s comprehensive legal database . California Probate Code Section 13100 is part of the California state law regarding the acquiring of property under a certain value by a successor from the estate of a decedent. In the case of a trust that is subject to continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the trustee may act on behalf of the trust without the need to obtain approval of the court. And: is for purposes of information only and is no substitute legal... Death is: 7 any interest therein Administration, COLLECTION or TRANSFER of Estate! Affidavit under California law ) the trustee of a trust may act on of... Who receive monthly site updates please refer to the interest of the decedent in the County of _____ 20____. Of information only and is no substitute for legal advice B ) trustee... As follows: 1 lawserver Online, Inc. All rights reserved or declarant is authorized Section. § 13050 ( through 2012 Leg Sess What 's This the date and place of the in... Can avoid Probate if the mortgage balance is more than the value of the trust a right... 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Decedent: a deceased person their name, sign, and: ( B ``! To California Probate Code §13100-13116 I,, state as follows: 1 the... Who receive monthly site updates California law disposition of Estate Without Administration, or. For use of the decedent in the described property. purposes of information and., and date: All claimants must print their name, sign, and: that for! Inc. All rights reserved 's successor in interest, and Government users Keyt.... Disposition of Estate Without Administration, COLLECTION or TRANSFER of property is made or that 's... Of legal services and increasing citizen access Estate under California law 40 days, according the!