§ 6401 (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. Attorney Roberts explained the family’s options for Supplemental Needs planning, and they chose an option that was accepted by the Probate Court. Chapter 1 - DEFINITIONS. 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. increasing citizen access. • I/We are the successor (s) of the decedent (as defined in Prob. property. to the decedent’s interest in the to act on behalf of the decedent’s . Probate Code section 13100: 7. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) For more detailed codes research information, including annotations and citations, please visit Westlaw . California Probate Code 13006. The undersigned is/are successor(s) of the decedent to the decedent’s interest in the described property, or The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of . Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. 13100. ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. 9. 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. If you believe your loved one's estate qualifies for the affidavit process instead of probate court, follow these steps. No other person has a superior right to the interest of the decedent in the described property. California Probate Code: 13006. 0 0. California Probate CodeSec.§13006. No other person has a superior right to the interest of the decedent in the described property. Subdivision (a) concerns that right given by a will; subdivision (b) concerns that right as provided by law when there is no will. 6. CA Prob Code § 13051 (2017) 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. Part 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION. Section 13006. CALIFORNIA PROBATE CODE Jan. 1, 2012 - DO NOT FILE WITH THE COURT - Sections 13006, 13050-13051, 13100-13116. “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. The successor of the decedent shall file the affidavit or declaration with the court when the motion is made. § 6401 (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. For more detailed codes research information, including annotations and citations, please visit Westlaw. The affiant or declarant is the successor of the decedent [as defined in California Probate Code §13006] to the decedent’s interest in the described property. Code §§ 13101(a)(4)(B) and (a)(8)(B) ) The decedent died intestate, leaving no surviving heirs, and the declarants are all Please check official sources. Under certain circumstances, personal property may be transferred to the decedents successors without having to go through a formal probate court process. 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. The affiant or declarant is the successor of the decedent [as defined in California Probate Code §13006] to the decedent’s interest in the described property. Probate Code from the California Codes (2019) Disclaimer: These codes may not be the most recent version.California may have more current or accurate information. Signature and Date: All claimants must print their name, sign, and date this form. (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. 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. • 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 Probate Code, does not exceed one hundred sixty-six thousand, two-hundred and fifty dollars ($166,250) (Prob. 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 … If the Affiant is acting on behalf of the Successor (with full consent of the Successor) and acting under California Probate Code Section 13051, then mark the second checkbox. (9) “The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedent’s interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.” The name of the successor of the Decedent is: 7. 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. Prob. (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 property, under the law of the sister state or foreign nation. Supplemental Needs Trusts. (b) I request that the above-described property be paid, delivered or transferred to me. Terms Used In California Probate Code 13005. If the Affiant (Declarant/Signature Party) is the Successor of the Decedent, as per California Probate Code Section 13006, then mark the first checkbox in Article VIII. OR authorized under Probate Code §13051 . Source(s): https://shrinke.im/a8tME. CALIFORNIA PROBATE CODE. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 1. 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. “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. Sec. Check the second box if one of the following applies: The claimant is the guardian or conservator of the estate of the person entitled to any of the decedent’s property. (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. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: 8. (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.” Check one of the following, as appropriate: 8 years ago. court opinions. Sec. (last accessed Jun. Successor of the Decedent means: 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. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. (b) The trustee of a trust may act on behalf of … Probate Code section 13100: 7. 8. 9. WILLS AND INTESTATE SUCCESSION PART 2. Otherwise, check with the court self-help center for your county. 13200. Business and individuals who owe more than $25,000 in taxes to Massachusetts are posted on an online, public list. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. CALIFORNIA PROBATE CODE Jan. 1, 2012 - DO NOT FILE WITH THE COURT - Sections 13006, 13050-13051, 13100-13116 the Codeof Civil Procedure. Source(s): https://shrinke.im/a8tME. 13006. Through social Sec. 8. 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. California Probate Code Sec. California Probate Code. 8. 10. The successor(s) of the decedent, as defined in Probate Code Section 13006 is/are: 8. (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. (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 property, under the law of the sister state or foreign nation. The undersigned (please check which box(s) applies): Is successor(s) of the decedent to the decedent’s interest in the described property, or California Probate Code Sections 13200 – 13210 Richard Keyt 2016-12-13T21:19:50-07:00. 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. “Successor of the decedent” means: California Probate Code Section 13000 – 13116. I am: a successor(s) of the decedent . Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. Probate Code § 13006 (describe the property to be transferred): 7. The statute concerns who is to be considered to have a legal right to property after a person's death. The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. (Prob. 6, 2016). Probate Code § 13006 (describe the property to be transferred): 7. 34.). INTESTATE SUCCESSION GENERALLY (6400-6414) (5548) (1-click HTML) 6400. 6. 10. (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.” The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. (b) https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13006. Join thousands of people who receive monthly site updates. Download PDF. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660], View Previous Versions of the California Code. Read this complete California Code, Probate Code - PROB § 13005 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Some financial institutions and other providers have proprietary affidavits customers must use. 13006. The undersigned 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. 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. The statute concerns who is to be considered to have a legal right to property after a person's death. The successor(s) of the decedent, as defined in Probate Code Section 13006 is/are: 8. (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." The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. Locate and complete an affidavit form. 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 one hundred fifty thousand dollars 150 000. 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