Santa Clara — Sample

Source: https://santaclara.courts.ca.gov/system/files/sample_petition_to_set_aside_an_estate_0.pdf

1 Name, Address and Telephone Number of Person without Attorney:

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6 SUPERIOR COURT OF CALIFORNIA 7 COUNTY OF SANTA CLARA

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9 10 ) Case No. ) 11 In the Matter of the Estate of ) ) PETITION FOR ORDER TO SET ASIDE 12 ) ESTATE NOT EXCEEDING $20,000 ) 13 ) ) 14 ) ) 15 Decedent. ) _____________________________________ ) 16

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19 I, _______________ [Name of Petitioner], alleges:

20 1. _______________ [Name of decedent] died on _________________ [date], and at the time

21 of ________ [his/her] death was domiciled in Santa Clara County, California, and left an estate,

22 t he net value of which, above all liens and encumbrances at the date of death and the value of any

23 homestead interest set aside from the decedent’s estate under Probate Code §§6520 and 6521, but

24 exclusive of all property in which the decedent held a life interest or held as a joint tenant, does

25 not exceed $20,000.

26 2. The estate consists of the following Property: [Describe property and give estimated value]

27 3. Liens and encumbrances on the property at date of death were as follows: [Describe liens

28 and encumbrances and state amounts].

1 4. Petitioner(s) ________[is/are] the [executor named in decedent’s Will/spouse of the

2 decedent/guardian of decedent’s minor child/personal representative of decedent’s

3 estate/decedent’s adult child who was a minor on the date of decedent’s death] and

4 ____[is/are] entitled to an assignment of the entire estate under the provisions of California

5 Probate Code §6600-6615 as follows: [State proposed disposition of estate].

6 5. All expenses of the last illness, the funeral, and administration _______________________

7 [have been paid/will be paid before the hearing on this petition].

8 6. The names, address, ages, and relationships of all heirs, legatees, and devisees, of the

9 decedent are as follows: [List]

10 WHEREFORE, Petitioner prays that the entire estate be assigned to _____________

11 [Name], that there be no further proceedings regarding the estate, and that such other relief be

12 granted as the court considers proper.

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14 DATED: ________________________ [Signature]_______________

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16 [Typed Name]_____________ Petitioner 17

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19 [Signature]_____

20 __________[Typed Name]____________21 Attorney(s) for Petitioner 22

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