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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There are certain rules for this procedure: Or read the ptobate on property transfers. You must file your form with the Clerk of the Superior Court. To transfer only personal property, use the Affidavit or declaration procedure.

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

To use to Affidavit process: If you are an heir or beneficiary, you can ask the Court to make an order to clear title. File the form with the Court Clerk.

There are certain rules: If you want the court to set aside the estate, you can use this Sample Form. You will have to pay a fee. Click on a topic to learn more: 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 $, or Less – probate_selfhelp

It is not for joint tenancy. You can use this form for clearing title to Real and Personal Property. It can be very complicated to figure out if you have the legal right to inherit the property.


Do I have to do anything before the hearing? Real property outside of California. The estate consists of the following property: You must have notice of the hearing served to the person listed on paragraph 14 of DE How do I handle bank accounts held in joint tenancy?

It can usually be done with only one hearing in the court.

You do not have to include property outside of California, held in joint tenancy, in a revocable living trust, in pay-on-death accounts, passing to the surviving spouse under a Spousal Property Petition, or other property as explained in Probate Code Section What is a Spousal Property petition when there is a surviving spouse?

The Clerk will assign a hearing date. If the Court sets aside the estate, the surviving spouse or children have to pay the decedent’s unsecured debts up to the value of the estate, minus liens and homestead or other exempt property. Real or personal property that the person who died owned with someone else joint tenancy. A certified copy of the death certificate of the person who died. If the Court approves the Petition, the judge will sign the Order and give it back to you.

Talk to a lawyer to see if you will be responsible for the decedent’s debts. The value of the decedent’s personal property does not matter. If there are other people entitled to inherit the property, they MUST also sign the affidavit.


If the decedent dies with a Will, only the beneficiaries under the Prrobate are entitled to collect. This is much easier than a full probate proceeding. To have the property transferred to you, give the affidavit to the person, company, or bank that has the property now.

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

Joint tenancy is a way for two or more people to own property in equal shares so that when one of the joint tenants dies, the property can pass to porbate surviving joint tenant s without having to go through probate court.

So, check with them first and ask for one.

The personal representative must consent to this procedure in writing. If it is, you cannot use the affidavit process unless the personal representative of the estate agrees in writing to let you do so. All heirs of the deceased spouse. There may be tax consequences.