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