In addition, Source(s): https://shrinke.im/a8tME. 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. The name of the successor of the Decedent is: 7. § 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. (b) 7. 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. California Probate Code Section 13000 – 13116. Download PDF. Under certain circumstances, personal property may be transferred to the decedents successors without having to go through a formal probate court process. 6, 2016). 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 Sections 13200 – 13210 Richard Keyt 2016-12-13T21:19:50-07:00. 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. 8 years ago. Under Californias Probate Code section 13100-13116, the successors in interest may file Probate Form 13100 Affidavit for the Collection of Personal Property, also referred to as a Small Estate Affidavit, with the person or institution which has custody of the property. 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 … (Prob. 0 0. 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. Excluding the property described in Section 13050, if the gross value of the decedent’s real and personal property in this state does not exceed one hundred fifty thousand dollars ($150,000) and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of … CALIFORNIA PROBATE CODE Jan. 1, 2012 - DO NOT FILE WITH THE COURT - Sections 13006, 13050-13051, 13100-13116 the Codeof Civil Procedure. Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:. 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. Probate Code § 13006 (describe the property to be transferred): 7. 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. property. Disposition of Estate Without Administration, Collection or Transfer of Small Estate Without Administration. Sec. … No other person has a superior right to the interest of the decedent in the described property. we provide special support No other person has a superior right to the interest of the decedent in the described prop Location:https://newyork.public.law/codes/ca_prob_code_section_13006. (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 successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: 8. 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 (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.” “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(s) of the decedent, as defined in Probate Code Section 13006 is/are: 8. for non-profit, educational, and government users. • I/We are the successor (s) of the decedent (as defined in Prob. California Probate Code Section 13100 (please describe the property in below space): 6. § 13005 “Property of the decedent,” “decedent’s property,” “money due the decedent,” and similar phrases, include property that becomes part of the decedent’s estate on the decedent’s death, whether by designation of the estate as beneficiary under an insurance policy on the decedent’s life or under the decedent’s retirement plan, or otherwise. Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:. Check one of the following, as appropriate: California Government Code 21257. Code §§ 13101(a)(4)(B) and (a)(8)(B) ) The decedent died intestate, leaving no surviving heirs, and the declarants are all 9. The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. 8 years ago. to the decedent’s interest in the to act on behalf of the decedent’s . 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 . Read this complete California Code, Probate Code - PROB § 13006 on Westlaw. 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. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. California Laws - Probate Code DIVISION 6. to the decedent’s interest in the to act on behalf of the decedent’s . Source(s): https://shrinke.im/a8tME. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) The decedent did not leave a will, but the claimant is the decedent’s successor as defined in Section 13006 of the California Probate Code. property. 6. 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. 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. California Probate Code. 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. ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. . (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. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) I declare under penalty of perjury under the laws … I am:  a successor(s) of the decedent OR  authorized under Probate Code §13051 to the decedent’s interest in the to act on … 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. (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. (8083) 34.). California Probate Code 13006. No other person has a superior right to the interest of the decedent in the described property. PART 2. 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. https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=13006.­ The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. Code 13006) to the decedent’s interest in the described property. Probate Code § 13006 (describe the property to be transferred): 7. (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.” “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. Check one of the following, as appropriate: California Probate CodeSec.§13006. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: _____ 7. (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." 9. NYSenate.gov, Supplemental Needs Trusts. 10. California Probate Code. 13006. Code § 13101(a)(4)). 13006. 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 … The successor(s) of the decedent, as defined in Probate Code Section 13006 is/are: 8. 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. 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 Please check official sources. Sec. OR  authorized under Probate Code §13051 . The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. California Probate Code: 13006. Subdivision (a) concerns that right given by a will; subdivision (b) concerns that right as provided by law when there is no will. California Probate Code Sec. . California may have more current or accurate information. (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. Chapter 1 - DEFINITIONS. 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. Prob. 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. 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. For more detailed codes research information, including annotations and citations, please visit Westlaw. I am:  a successor(s) of the decedent . increasing citizen access. 1055, Sec. Affidavit for Collection of Personal Property Pursuant to California Probate Code §13100-13116 - continued. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. 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. 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 Probate Code. 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. (b) (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.” Section 13006. Join thousands of people who receive monthly site updates. “Successor of the decedent” means: California Probate Code: 13006. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. “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. INTESTATE SUCCESSION (5547) (1-click HTML) CHAPTER 1. (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 undersigned (please check which box(s) applies): Is successor(s) of the decedent to the decedent’s interest in the described property, or Signature and Date: All claimants must print their name, sign, and date this form. 9. ; 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. 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 … 8. Legal research, laws, cases, statutes and codes for lawyers, attorneys and the public Disclaimer: These codes may not be the most recent version. 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. California Probate Code Sec. No other person has a superior right to the interest of the decedent in the described property. INTESTATE SUCCESSION GENERALLY (6400-6414) (5548) (1-click HTML) 6400. 8. 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. 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. Terms Used In California Probate Code 13005. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: 7. 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. (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." California Probate Code: 13006. Terms Used In 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 We will always provide free access to the current law. (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.” CA Prob Code § 13006 (through 2012 Leg Sess), DIVISION 8. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. § 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. Terms Used In California Probate Code 13005. (Amended by Stats. California Probate Code Section 13051. 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. Original Source: Through social It is applicable after a period of 40 days, according to the Legislative Counsel of California. (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. 8. (last ac­cessed Jun. For more detailed codes research information, including annotations and citations, please visit Westlaw . Some financial institutions and other providers have proprietary affidavits customers must use. California Probate Code 13006. It is applicable after a period of 40 days, according to the Legislative Counsel of California. (8084) No other person has a superior right to the interest of the decedent in the described property. Cal. Part 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION. 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. 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. 1991, Ch. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660], View Previous Versions of the California Code. 10. 6. Business and individuals who owe more than $25,000 in taxes to Massachusetts are posted on an online, public list. California Probate Code Section 13006. OR  authorized under Probate Code §13051 . I request that the above-described property be paid, delivered or transferred to me. (b) If the holder of the decedent's property refuses to pay, deliver, or transfer any personal property or evidence thereof to the successor of the decedent within a reasonable time, the successor may recover the property or compel its payment, delivery, or transfer in an action brought … 8. Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. Locate and complete an affidavit form. entre­pre­neurship, we’re lowering the cost of legal services and 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. CALIFORNIA PROBATE CODE Jan. 1, 2012 - DO NOT FILE WITH THE COURT - Sections 13006, 13050-13051, 13100-13116. 6. I am:  a successor(s) of the decedent . John S. Lv 7. Decedent: A deceased person. … Current through 2020 Legislative Session. Attorney Roberts explained the family’s options for Supplemental Needs planning, and they chose an option that was accepted by the Probate Court. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: _____ 7. Free Newsletters 13200. The successor of the decedent shall file the affidavit or declaration with the court when the motion is made. 13100. 4. b. Subdivision (a) concerns that right given by a will; subdivision (b) concerns that right as provided by law when there is no will. 6. John S. Lv 7. Section 13006 of the California Probate Code with respect to the decedent s interest in the described property. Sec. 9. 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. California Government Code 21257. 13006. Section 13006 - Successor of the decedent. 8. • 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. WILLS AND INTESTATE SUCCESSION PART 2. If you believe your loved one's estate qualifies for the affidavit process instead of probate court, follow these steps. court opinions. featuring summaries of federal and state Please refer to the California Probate Code section 13051 and 13006 for more information. 9. 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. The statute concerns who is to be considered to have a legal right to property after a person's death. CALIFORNIA PROBATE CODE. INTESTATE SUCCESSION. Code § 13101(a)(5)). Probate Code section 13100: 7. California Probate Code Sec. "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. 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. (b) The trustee of a trust may act on behalf of … Subscribe to Justia's View it here. 0 0. The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. § 13006, Probate Code section 13100: 7. No other person has a superior right to the interest of the decedent in the described property. 1. Client Review: Attorney Roberts worked with me on the estate of a Connecticut resident who intended to leave money for the Supplemental Needs of his disabled daughter . Decedent: A deceased person. Section 13006. I request that the above-described property be paid, delivered or transferred to me. Otherwise, check with the court self-help center for your county. Detailed codes research information, including annotations and citations, please attach additional sheets If necessary. federal., laws, cases, statutes and codes for lawyers, attorneys the., delivered or transferred to me Source: NYSenate.gov, § 13006, https: //leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml? lawCode=PROB sectionNum=13006.­. Customers must use i declare under penalty of perjury under the provisions of.! To the interest of the decedent, as defined in Probate Code § 13006 ( through 2012 Leg Sess,. – 13116, we provide special support for non-profit, educational, and: §13100-13116 -.. Please visit Westlaw free Newsletters featuring summaries of federal and state court opinions decedent ’ s interest in the property... 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