(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." tIlmSfetted. California's laws of intestate succession are set forth in Probate Code sections 6401-6402. The . If there are no cousins, Probate Code section 6402 provides that the estate will be distributed to "next of kin in equal degree," generally meaning more distant cousins. Terms Used In California Probate Code 6401. 2011 California Code Probate Code DIVISION 8. (b) If the decedent died without a will, the sole person or all of the persons who succeeded to the particular item of property of the decedent under Sections 6401 and 6402 or, if the law of a sister state or foreign nation governs succession to the particular item of … JUDICIAL OFFICER. the property described in Section 13050 of the California Probate Code (see. To comply with California Probate Code §§13100-13115 SB-13100, Rev. Check one: I am the successor of the decedent (as defined in Section 13006 of the California Probate Code) (See reverse) to the decedent's interest in … www.courts.ca.gov. (6) Adescriprion of the plOpeny of the decedent that is to be paid. 4. b. 2005 California Probate Code Sections 13000-13007 CHAPTER 1. View more . 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. California, like other states, has laws that explain who may receive an inheritance when a person dies without a last will and testament. or delivered to the affiant or declarant (7) The name of the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the of all real property in decedent’s estate located in California as shown by the . (8084) DEFINITIONS PROBATE CODE SECTION 13000-13007 13000. The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. Section 13100 states that, excluding property mentioned in Section 13050, if 40 days have passed since the decedent's death and the value of the decedent's real and personal property is under $150,000, the successor of the deceased may collect some types of property without administrative paperwork or waiting for the probate of the will, notes the Legislative Counsel of California. She has an extensive real estate and criminal legal background. If the decedent was married, the first question is whether the decedent owned community property, separate property, or a … a person who succeeded to the property under Probate Code sections 6401 and 6402. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. For the purposes of this part, a trust is a In California, the term "heir" is defined in the state's probate code. The real . property 10. Pursuant to the facts set forth above and Sections 13100-13115 of the8 California Probate Code, I … Onecle: California Probate Code Section 6451 ; Writer Bio. THE COURT FURTHER FINDS AND ORDERS. Heirs are people who are entitled to inherit a deceased person's property. Under the California rules (California Probate Code Section 6401), if the person who dies is married, property is distributed as follows: (1) One-half of the community property of the person who died (called a “decedent”) is distributed to the surviving spouse (community property, generally, is property acquired during marriage); PART 2. 6. 6. are as follows * (specify): 8. In completing the California probate code section 13100 form, can one person list themself as the successor(s) ... (as defined in Section 13006 of the California Probate Code) to the described property. property. Title: Microsoft Word - Probate_Code_revised.doc Author: athompson Created Date: 6/26/2008 11:17:01 AM Under California Probate Code 6401, when one spouse dies, the law awards the surviving spouse a statutory share of the community property equal to one-half of the deceased spouse's share. Probate Code, § 13154 . California Probate Code: 13006 "Successor of the decedent" means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent's will. 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: Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is … Decedent died without a will and, under Section 6402 of the California Probate Code, I am the decedent's sole heir at law and the "successor" of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent's interest in the described property. Names and addresses of each guardian or conservator of decedent’s estate at date of death. Decedent died without a will and, under Section 6402 of the California Probate Code, I am decedent's sole heir at law and the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent's in- terest in the described property. 7. California probate code section 6402.5 Probate code 6401 and 6402 California probate code section 6401 California probate code 6400 California probate code 6420 B. Page 1 of 1. Either of the following, as appropriate: • Theaffiantor declarant is the successor of the decedent (as definedin Section 13006 of the California Probate Code) tothe decedent’s interest in the described property. Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.See California Government Code 21258; Community property: means :. 05-2014 Optional AFFIDAVIT to comply with California Probate Code §§ 13100-13115 1. Signature and Date: All claimants must print their name, sign, and date this form. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] CHAPTER 1. ; Intestate: Dying without leaving a will. gross value. No other person has a superior right to the decedent's interest in the described property. Decedent died without a will and, under Section 6402 of the California Probate Code, I am the decedent's sole heir at law and the "successor" of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent's interest in the described property. Please refer to the California Probate Code section 13051 and 13006 for more information. WILLS AND INTESTATE SUCCESSION PART 2. california probate code jan. 1, 2012 - do not file with the court - Sections 13006, 13050-13051, 13100-13116 (b) If the evidence of ownership is not presented to the holder pursuant to subdivision (a), the holder may require, Probate Code § 13006 (describe the property to be transferred): 7. Under certain circumstances, personal property may be transferred to the decedent’s successors without a formal in-court probate. Check one: I am the successor of the decedent (as defined in Section 13006 of the California Probate Code) (See reverse) to the decedent's interest in … Decedent died without a will and, under Section 6402 of the California Probate Code, I am the decedent’s sole heir at law and the “successor” of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent’s interest in the described property. Definitions Section 13006 6. 6402. California Government Code 21259 Decedent: A deceased person. 13002. Decedent died without a will and, under Section 6402 of the California Probate Code, I am decedent's sole heir at law and the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent's interest in the described property. the property described in Section 13050 of the California Probate Code (see reverse), does not exceed sixty thousand dollars ($60,000). none . the real described in item 9a because each petitioner is: a. b. Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. California Laws - Probate Code DIVISION 6. You can always come back for California Probate Code Section 64025 because we update all the latest coupons and special deals weekly. INTESTATE SUCCESSION. The undersigned hereby declare(s): 2. 5. but declarant has the superior right under California Probate Code Section 6402 to inherit the described property.] 8. Each petitioner is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in. Each declarant is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in the real property described in item 5a, or signs this declaration on behalf of an entity that is a successor of decedent and to Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. Section 13050 of the California Probate Code, does not exceed sixty thousand dollars ($60,000)." "The current gross fair market value of the decedent's real and personal property in California, excluding the property described in Section 13050 of the California Probate Code, does not exceed $150,000." 13006. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. reverse), does not exceed sixty thousand dollars ($60,000). the decedent's heirs. 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