35.) You are here: California / Probate Code - PROB / CHAPTER 3. For the purposes of this part, a trust is a beneficiary under the decedent's will if the trust succeeds to the particular item of property under the decedent's will. Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and: California Government Code 21257 Decedent: A deceased person. No other person has a superior right to the interest of the decedent in the described property. property. In these circumstances, personal property may be transferred to the decedent’s successors without a formal probate. The name of the successor of the Decedent is: 7. (8) Either of the following, as appropriate: (A) “The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code) to … Join thousands of people who receive monthly site updates. Google Chrome, X. or, if the law of a sister state or foreign nation governs succession to the particular item of property, under the law of the sister state or foreign nation. 3. “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. All State & Fed. PART 2. (Amended by Stats. At least forty days have elapsed since the death of the decedent, as shown by the attached certified copy of decedent’s death certificate. INTESTATE SUCCESSION. IX. It is applicable after a period of 40 days, according to the Legislative Counsel of California. "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. § 13006, Through social 13200. Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in this part. 2. for non-profit, educational, and government users. (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." Division 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION. For small estate affidavits to transfer real property in California the limit increased to $55,425 from $50,000. “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. and California Laws - Probate Code DIVISION 6. California Probate Code Section 13100 . 9. 6, 2016). increasing citizen access. 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.] Microsoft Edge. The affiant or declarant (check one): Is/are the successor(s) of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent’s interest in the described property. Begin typing to search, use arrow keys to navigate, use enter to select. We will always provide free access to the current law. All rights reserved. See California Probate Code section 13200. Affidavit Procedure for Collection or Transfer of Personal Property [13100. CALIFORNIA CODES ••• CALIFORNIA PROBATE CODE. (last ac­cessed Jun. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) _____ died on _____, 20____, in the County of _____, State of California. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. 2. The following is a description of the funds of the decedent that is to be paid, transferred, or delivered to the affiantor. Refreshed: 2018-05-15 3. 13006. 7. “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. Read this complete California Code, Probate Code - PROB § 13006 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. Location:https://california.public.law/codes/ca_prob_code_section_13006. The undersigned state(s) as follows: 1. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: 8. - 13116.] 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. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used. Read Section 13006 - Successor of the decedent, Cal. No other person has a superior right to the interest of the Decedent in the described property. CALIFORNIA PROBATE CODE Jan. 1, 2012 - DO NOT FILE WITH THE COURT - Sections 13006, 13050-13051, 13100-13116 the Codeof Civil Procedure. For more detailed codes research information, including annotations and citations, please visit Westlaw. Either of the following, as appropriate: A. No other person has a superior right to the interest of the decedent in the described property. California Probate Code: 13006. Statutes, codes, and regulations. declarant. The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent's interest in the described property. California Probate Code Sec. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? Universal Citation: CA Prob Code § 13006 (through 2012 Leg Sess) 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. 2. 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 … FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 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. Signature and Date: All claimants must print their name, sign, and date this form. / Section 13101. In addition, Original Source: https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=13006.­ 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 recommend using (name of decedent), died on (date of death) in the County of , California. 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. (5549) … I request that the above-described property be paid, delivered or transferred to me. The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. Search the Law Search. The statute concerns who is to be considered to have a legal right to property after a person's death. California Probate Code Section 13006. 862, Sec. Section 13006. Now Californians can avoid probate if the decedent’s total estate does not exceed the new limit of $166,250. _____ _____ _____ 8. entre­pre­neurship, we’re lowering the cost of legal services and $166,250 is also the new limit for small estate affidavits under California probate code section 13100. Pursuant to California Probate Code §13100-13116 I, , state as follows: 1. we provide special support Sec. (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. 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. 1996, Ch. No other person has a superior right to the interest if the Decedent in the described property. Prob. 0 0. JX. Division 8, Disposition of Estate Without Administration; Part 1, Collection or Transfer of Small Estate Without Administration; Chapter 1, Definitions; Section 13006. AFFIDAVIT UNDER CALIFORNIA PROBATE CODE SECTION §13101 The undersigned state(s) as follows: _____ (name of decedent) died on _____(date), in the County of _____, State of California and: 1. (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 Please refer to the California Probate Code section 13051 and 13006 for more information. 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. Code § 13006, see flags on bad law, and search Casetext’s comprehensive legal database . Disposition of Estate Without Administration, Collection or Transfer of Small Estate Without Administration. Section 13101. Source(s): https://shrinke.im/a8tME. INTESTATE SUCCESSION GENERALLY (6400-6414) (5548) (1-click HTML) 6400. Copyright © 2020, Thomson Reuters. Internet Explorer 11 is no longer supported. 13006. § 13101 (a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished to the holder of the decedent’s property stating all of the following: 8. 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. Read this complete California Code, Probate Code - PROB § 13006 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Help Sign In Sign Up Sign Up. (A) “The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent’s interest in the described property.” 6. 6402 For the purposes of this part, a trust is a beneficiary under the decedent’s will if the trust succeeds to the particular item of property under the decedent’s will. Sections 6401 California Probate Code 13006. (8084) 8 years ago. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. California Probate Code Sections 13200 – 13210 Richard Keyt 2016-12-13T21:19:50-07:00. FCC Again Rejects Net Neutrality Even as Controversy Reignites. describedin Section 13050 of the California Probate Code, does not exceed one hundred thousand dollars ($100,000). The successor of the decedent shall file the affidavit or declaration with the court when the motion is made. WILLS AND INTESTATE SUCCESSION PART 2. 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. California Probate Code. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. John S. Lv 7. 8. Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. For more detailed codes research information, including annotations and citations, please visit Westlaw. INTESTATE SUCCESSION (5547) (1-click HTML) CHAPTER 1. 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