IX. Read Section 13006 - Successor of the decedent, Cal. Signature and Date: All claimants must print their name, sign, and date this form. See California Probate Code section 13200. California Probate Code Sec. INTESTATE SUCCESSION GENERALLY (6400-6414) (5548) (1-click HTML) 6400. Sections 6401 (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." 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. Affidavit Procedure for Collection or Transfer of Personal Property [13100. WILLS AND INTESTATE SUCCESSION PART 2. “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 small estate affidavits to transfer real property in California the limit increased to $55,425 from $50,000. 2. Any property or interest or lien thereon which, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, or which was held by the decedent and passed to the decedent’s surviving spouse pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent or … (5549) … 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. described in California Probate Code §13050 does not exceed one hundred 7. fifty thousand dollars ($150,000) and includes the following: [Describe the property to be transferred with sufficient detail to be identifiable.] 8. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? California Laws - Probate Code DIVISION 6. “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. We will always provide free access to the current law. entre­pre­neurship, we’re lowering the cost of legal services and For more detailed codes research information, including annotations and citations, please visit Westlaw. § 13101 (a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished to the holder of the decedent’s property stating all of the following: 6402 (name of decedent), died on (date of death) in the County of , California. Read this complete California Code, Probate Code - PROB § 13006 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. INTESTATE SUCCESSION. California Probate Code 13006. (8) Either of the following, as appropriate: (A) “The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code) to … Prob. Through social Internet Explorer 11 is no longer supported. John S. Lv 7. _____ died on _____, 20____, in the County of _____, State of California. The name of the successor of the Decedent is: 7. 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. § 13006, Section 13101. California Probate Code Section 13100 . AFFIDAVIT UNDER CALIFORNIA PROBATE CODE SECTION §13101 The undersigned state(s) as follows: _____ (name of decedent) died on _____(date), in the County of _____, State of California and: 1. JX. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. PART 2. The statute concerns who is to be considered to have a legal right to property after a person's death. Join thousands of people who receive monthly site updates. 8 years ago. 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 of the decedent shall file the affidavit or declaration with the court when the motion is made. 9. Subdivision (a) concerns that right given by a will; subdivision (b) concerns that right as provided by law when there is no will. 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