Intended use of Affidavit for Collection of Personal Property for Small Estates
This affidavit is a legal document used in California to collect personal property from a deceased person's estate when the total value does not exceed $184,500. It allows successors to claim the decedent's assets without the need for formal probate proceedings, streamlining the process for small estates.
When this document becomes relevant
This form is typically used in the following situations:
- When a person passes away and their estate consists of personal property valued below $184,500.
- When at least 40 days have passed since the decedent's death.
- When there are no ongoing probate proceedings for the decedent's estate.
- When the personal representative of the decedent has consented to the transfer of property.
Who may need Affidavit for Collection of Personal Property for Small Estates
This affidavit is intended for:
- Successors of the decedent, as defined by California law, Probate Code Section 13100.
- Individuals seeking to collect personal property from a small estate without going through probate.
- Personal representatives who have received consent to transfer property to successors.
Overview of form content
The affidavit includes several important sections:
- Decedent Information: Details about the deceased, including name and date of death.
- Affiant Information: Information about the person claiming the property.
- Property Description: A list of the personal property to be collected.
- Consent Statement: A declaration that no probate proceedings are ongoing or that consent has been obtained.
- Signature and Acknowledgment: The affiant's signature and an acknowledgment by a notary public.
How to complete Affidavit for Collection of Personal Property for Small Estates
Follow these steps to fill out the affidavit:
- Provide Decedent Details: Enter the name of the deceased and the date of their death.
- Confirm Time Elapsed: Ensure that at least 40 days have passed since the death.
- State Probate Status: Indicate whether any probate proceedings are ongoing or if consent has been given.
- List Property: Describe the personal property to be collected, ensuring it meets the value requirement.
- Sign the Affidavit: The affiant must sign the document, affirming the truth of the statements made.
- Notarize the Document: Have the affidavit acknowledged by a notary public to validate it.
State compliance overview
This affidavit is specific to California and adheres to the state's Probate Code Section 13100. It is designed for small estates, ensuring that the process of collecting personal property is compliant with California laws regarding estate management.
Make changes easily with the online form
Accessing this affidavit online offers several advantages:
- Convenience: Download and complete the form at your own pace from anywhere.
- Editability: Easily make changes to the form as needed before finalizing.
- Legal Reliability: Ensure you have the most current and legally compliant version of the form.
