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