California Probate Code – PROB PROB CA PROBATE Section Read the code on FindLaw. California Probate Code: Excluding the property described in Section , if the gross value of the decedent’s real and personal property in . AFFIDAVIT to comply with California Probate Code The undersigned hereby declare s 2. I/We make this declaration to induce holder of property to.

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You cannot do this for personal property only. Or read the law on probatte transfers. The names, addresses, ages, and relationships of all heirs, legatees, and devisees of the decedent are as follows: What is a Spousal Property petition when there is a surviving spouse? You must have a written document, like a deed to real property rpobate title to a car, that says the property is in joint tenancy with the names of the joint tenants. The decedent described in the attached certified copy of Certificate of Death is the same person as [ name of person who died here ], who is named as one of the parties in the deed dated [ date ], executed by [ name of grantor ] to [ name of decedent ] and [ name of surviving joint tenant ], as joint tenants, recorded on [ date ], in [ e.

Take or mail the following documents to the transfer agent at the financial institution:. This is much easier than a full probate proceeding. How do I handle securities held in joint tenancy?


How do I change the title on real property after the other tenant dies? Real property outside of California. At least 15 days before the hearing, you must have the following people served given a Notice of Hearing by mail probatte in person: They will give you a temporary ownership certificate and send your documents to the Department of Motor Vehicles Prpbate for re-issuance.

A certified copy of the death certificate of the deceased joint tenant, and A check drawn for the balance probaate the checking account, or The savings account passbook. If there is no real property, then you do not need this form.

What if the person dies without a Will?

Property held in trust, including a living trust. If you are not sure if you qualify to inherit the property in question, talk to a lawyer. All of the decedent’s funeral expenses, expenses of last illness and unsecured debts have been paid.

How do I file a Spousal Property petition? A certified copy of the death certificate of the deceased joint tenant, and The original stock certificate if the deceased joint tenant had one.

Affidavit for Transfer of Personal Property Worth $150,000 or Less

The insurance company or companies Credit card companies like, insurance for credit card debt Fraternal organization or club memberships The employer Group life insurance The military Then: The form will ask you for an inventory and appraisal and a description of the real property. Are there any pitfalls to joint tenancy? This method is called the Section Procedure.


You can use this form for clearing title to Real and Personal Property. To transfer only personal property, use the Affidavit or declaration procedure. You are not allowed to subtract the debts of the person who died. All persons who have an interest in the estate and have asked for Special Notice Probate Code Section You can talk to a lawyer. Other people may qualify too, like the guardian or conservator of the estate.

Simplified Probate Procedure – The Superior Court of California, County of Santa Clara

What is joint tenancy? If there are other people entitled to inherit the property, they MUST also sign the affidavit.

You can use the affidavit process if you have the legal right to inherit property from the person who died. The cx certificate signed by the surviving owner, The registration card, A certificate of compliance with the smog-pollution control law if the deceased joint tenant is not the grandparent, parent, sibling, child, grandchild, or spouse of the surviving joint tenant.

When you file your forms, the clerk will tell you the hearing date. To have the property transferred to you, give the affidavit to the person, company, or bank that has the property now.