Kern — Affidavit re Real Property of Small Value Packet

Source: https://www.kern.courts.ca.gov/system/files/forms-and-filings/affidavit-packet.pdf

Tara Leal Clerk of the Superior Court THE SUPERIOR COURT TelephoneSUPERIOR(661) 610-6901COURT OF THE STATE OF CALIFORNIA Probate Department COUNTY OF KERN 2100 College Ave. Bakersfield, CA 93305

INSTRUCTIONS

AFFIDAVIT RE: REAL PROPERTY OF SMALL VALUE ($55,425 OR LESS)

1. Forms enclosed are: Affidavit Re Small Value, Inventory and Appraisement.

2. All forms must be typewritten or handwritten legibly. This office will not accept for filing, documents which do not comply with Rule 2.110-2.119 of the California Rules of Court.

3. Applicants must answer all questions, including all check marks required to complete each form.

4. Date and sign all forms before presenting for filing.

5. Strike out the words “Attorney for” wherever they appear in the upper left corner of the forms and type in the words “In Pro Per” which means that you are representing yourself; and type your name, address and phone number in the space at the upper left of each form you file.

6. One copy of each form is included. You will need to submit one original and one photocopy. You must provide a self-address stamped envelope, if you want your copy returned to you by mail.

7. California Probate Referees in Kern County are:

Michael Burger Shahin S. Boroomand 4915 Calloway Drive, Suite 101B 1201 24th St. Ste. B110-107 Bakersfield, CA 93312 Bakersfield, CA 93301 (661)588-4381 (661)476-6800

The Superior Court Clerks are prohibited from giving legal advice or assisting in the preparation of your documents. You may utilize the Law Library on the 3rd floor of the 1415 Truxtun Avenue Building or by visiting their website at https://kclawlib.org, in addition to visiting the Self-Help Website at http://courts.ca.gov/selfhelp.htm. Additional copies of these forms may be printed from http://courts.ca.gov/forms.htm. There are services that prepare legal documents if you choose to enlist their assistance; these services are listed online or in the local phone book. You will also want to visit the court’s website at http://kern.courts.ca.gov to familiarize yourself with the local court rules.

Filing and Certification fee..........................................................................................................................................................$45.00

Revised 05/23/2025

DE-300 MAXIMUM VALUES FOR SMALL ESTATE SET-ASIDE & DISPOSITION OF ESTATE WITHOUT ADMINISTRATION

This form lists the maximum dollar values of a decedent's estate or specific property in that estate, as of the date of the decedent's death, for purposes of determining eligibility for (1) an order setting the estate aside for the decedent's surviving spouse and minor children; or (2) disposition of the estate or specific real or personal property in the estate informally, without full administration. NOTE: The values in the left column apply to property of a decedent who died between April 1, 2022, and March 31, 2025. The values in the right column apply to property of a decedent who died on or after April 1, 2025. To find the values that apply to property of a decedent who died before April 1, 2022, see the Self-Help Guide to the California Courts at https://selfhelp.courts.ca.gov/. The amount of the adjustment of the prior values is based on the change in the United States city average of the Consumer Price Index for All Urban Consumers for the three-year period ending December 31, 2024, with each adjusted value rounded to the nearest $25. (See Prob. Code, § 890(b).) Unless otherwise provided by statute after April 1, 2025, these values will next be adjusted April 1, 2028.

Amount
Amount
(death
(death on Probate Code Section Description between Apr.
or after
1, 2022, and
Apr. 1, 2025)
Mar. 31, 2025)1. SMALL ESTATE SET-ASIDE UNDER PROBATE CODE SECTIONS 6600–6613
§§ 6602, The net value of the decedent's estate, excluding all liens and encumbrances at the
6609 date of death and the value of any probate homestead set apart under Probate Code
section 6520, must not exceed: $ 95,325 $ 107,900

2. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION UNDER SECTIONS 13000–13606 a. PROPERTY EXCLUDED FROM DETERMINING VALUE OF ESTATE § 13050(c) The amount of any salary or other compensation owed to the decedent for personal services from any employment, not to exceed: $ 18,450 $ 20,875

b. AFFIDAVIT FOR COLLECTION, RECEIPT, OR TRANSFER OF PERSONAL PROPERTY §§ 13100, The gross value of the decedent's real and personal property in California— excluding 13101 any property described in Probate Code section 13050 and any property included in a petition filed under Probate Code section 13151—must not exceed: $ 184,500 $ 208,850

c. PETITION & COURT ORDER DETERMINING SUCCESSION TO PRIMARY RESIDENCE
§§ 13151,
13152,
13154 The gross value of the decedent's primary residence in California must not exceed: $ 184,500 $ 750,000

d. AFFIDAVIT FOR SUCCESSION TO REAL PROPERTY OF SMALL VALUE
§ 13200 The gross value of all real property in the decedent's estate located in California—
excluding any real property described in Probate Code section 13050—must not
exceed: $ 61,500 $ 69,625

e. AFFIDAVIT FOR COLLECTION OF COMPENSATION OWED TO DECEASED SPOUSE
§§ 13600, Net salary or other compensation owed, in aggregate, by one or more employers for
13601 personal services of the deceased spouse, must not exceed:
(This limit does not apply if the decedent was a firefighter or peace officer described
in Government Code section 22820(a).) $ 18,450 $ 20,875

NOTICE

If the decedent died on or after April 1, 2022, this form must be attached to
an affidavit or declaration furnished under Probate Code section 13101;
a Petition to Determine Succession to Primary Residence (form DE-310) filed under Probate Code section 13151;
an Affidavit re: Real Property of Small Value (form DE-305) filed under Probate Code section 13200; or
an affidavit or declaration furnished under Probate Code section 13601.

Form Adopted for Mandatory Use MAXIMUM VALUES FOR SMALL ESTATE SET-ASIDE Probate Code, §§ 890, 6602, 6609, 13050,Judicial Council of California 13100–13101, 13151–13154, DE-300 [Rev. April 28, 2025] & DISPOSITION OF ESTATE WITHOUT ADMINISTRATION 13200, 13600–13601 courts.ca.gov

DE-305 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO.: After recording, return to: NAME: FIRM NAME: STREET ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NO.: FAX NO.: EMAIL ADDRESS: ATTORNEY FOR (name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FOR RECORDER'S USE ONLY ESTATE OF (name): CASE NUMBER:

DECEDENT
AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE FOR COURT USE ONLY

1. The decedent (name): died on (date): at (city, state):

2. At least six months have passed since the decedent's death. (Attach a certified copy of the decedent's death certificate.)

3. a. The decedent was domiciled in this county at the time of death. b. The decedent was not domiciled in California at the time of death, but the decedent died owning real property in this county.

4. The gross value, on the date of the decedent's death, of all real property in the decedent's estate located in California, as shown by the attached inventory and appraisal—excluding the real property described in Probate Code section 13050—did not exceed (check one): a. $55,425 (decedent died before April 1, 2022). b. $61,500 (decedent died on or after April 1, 2022, and before April 1, 2025. Form DE-300 is attached as required by law). c. $69,625 (decedent died on or after April 1, 2025. Form DE-300 is attached as required by law).

5. a. The legal description and the Assessor's Parcel Number of the particular item of the decedent's real property claimed by the declarant(s) are provided on an attached page titled Attachment 5a [legal description of real property]. (Copy legal description exactly from deed or other legal instrument.) b. The decedent's interest in this real property is (specify):

6. Name and address of each guardian or conservator of the decedent's estate at time of death: none are as follows:* Name Address

Additional guardians or conservators are identified in Attachment 6. (* You must deliver a copy of this affidavit and all attachments in any manner provided in Probate Code section 1215 to each guardian or conservator named above. You may use Judicial Council form POS-030 for proof of mailing, form POS-020 for proof of personal delivery, or form POS-050 for proof of electronic delivery.) 7. An inventory and appraisal of all of the decedent's real property in California is attached. The appraisal was made by a probate referee appointed by the State Controller for the county in which the property is located. (You must prepare the inventory on Judicial Council forms DE-160 and DE-161. You may select any probate referee appointed for the county to perform the appraisal. A list of all probate referees, shown by county, is available at www.sco.ca.gov/eo_probate_contact.html. Each court also has a list of referees appointed for its county. Check with the probate referee or consult an attorney if you need help preparing the inventory.) 8. a. No proceeding for administration of decedent's estate is now being or has been conducted in California. b. The decedent's personal representative has consented in writing to the use of the procedure provided by Probate Code section 13200 et seq. (Attach a copy of the consent and a copy of the personal representative's letters of administration.)

Judicial Council of California, courts.ca.gov DE-305, Page 1 of 2Rev. January 1, 2026, Mandatory Form Affidavit re Real Property of Small Value Prob. Code, § 13200

DE-305 ESTATE OF (name): CASE NUMBER:

DECEDENT

9. Funeral expenses, expenses of last illness, and all known unsecured debts of the decedent have been paid. (NOTE: You may be personally liable for decedent's unsecured debts up to the fair market value of the real property and any income you receive from it.)
10. The declarant—or a trust or other entity, on behalf of which the declarant is acting—is, or all declarants together constitute, the successor of the decedent (as defined in Probate Code section 13006) to the decedent's interest in the property described in item 5, and no other person or entity has a superior right to the decedent's interest in that property, because the declarant is: a. (if decedent left a will) the sole beneficiary or all the beneficiaries who succeeded to the property under the decedent's will. (Attach a copy of the will.) b. (if decedent died without a will) the sole person or all the persons who succeeded to the property under Probate Code sections 6401 and 6402.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME)* (SIGNATURE OF DECLARANT)

Date:

(TYPE OR PRINT NAME)* (SIGNATURE OF DECLARANT)
SIGNATURES OF ADDITIONAL DECLARANTS ATTACHED

• A declarant claiming on behalf of a trust or other entity should also state the name of the entity that is a beneficiary under the decedent's will and declarant's capacity to sign on behalf of the entity (trustee, chief executive officer, etc.).

  CERTIFICATE OF ACKNOWLEDGMENT

(NOTE: Do not use a small strip of paper to attach an additional certificate of acknowledgment to this page. If you need one or more additional certificates of acknowledgment, attach each one to this form on a separate, full-sized 8-1/2 by 11-inch page.) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA, COUNTY OF (specify): On (date): , before me (name and title): personally appeared (name of each): who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State (NOTARY SEAL) of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(SIGNATURE OF NOTARY PUBLIC)

(SEAL) CLERK'S CERTIFICATE

I certify that the foregoing, including any attached certificates of acknowledgment and any
attached legal description of the property (but excluding other attachments), is a true and correct
copy of the original affidavit on file in my office. (Certified copies of this affidavit do not include
the (1) death certificate, (2) will, or (3) inventory and appraisal. (See Prob. Code, § 13202.))

Date: Clerk, by , Deputy

Rev. January 1, 2026 Affidavit re Real Property of Small Value DE-305, Page 2 of 2 For your protection and privacy, please press the Clear button after you have printed the form. Print Save Clear

DE-160/GC-040

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) : FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional) :

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (Name):

DECEDENT CONSERVATEE MINOR
INVENTORY AND APPRAISAL CASE NUMBER:
Partial No.: Corrected
Final Reappraisal for Sale Date of Death of Decedent or of Appointment of
Guardian or Conservator:
Supplemental Property Tax Certificate

APPRAISALS

1. Total appraisal by representative, guardian or conservator (Attachment 1): $

2. Total appraisal by referee (Attachment 2): $ TOTAL: $

   DECLARATION OF REPRESENTATIVE, GUARDIAN, CONSERVATOR, OR SMALL ESTATE CLAIMANT

3. Attachments 1 and 2 together with all prior inventories filed contain a true statement of all a portion of the estate that has come to my knowledge or possession, including particularly all money and all just claims the estate has against me. I have truly, honestly, and impartially appraised to the best of my ability each item set forth in Attachment 1.

4. No probate referee is required by order of the court dated (specify):

5. Property tax certificate. I certify that the requirements of Revenue and Taxation Code section 480 a. are not applicable because the decedent owned no real property in California at the time of death. b. have been satisfied by the filing of a change of ownership statement with the county recorder or assessor of each county in California in which the decedent owned property at the time of death.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME; INCLUDE TITLE IF CORPORATE OFFICER) (SIGNATURE)

STATEMENT ABOUT THE BOND
(Complete in all cases. Must be signed by attorney for fiduciary, or by fiduciary without an attorney.)

6. Bond is waived, or the sole fiduciary is a corporate fiduciary or an exempt government agency.

7. Bond filed in the amount of: $ Sufficient Insufficient

8. Receipts for: $ have been filed with the court for deposits in a blocked account at (specify
   institution and location):

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY)

Form Adopted for Mandatory Use Probate Code, §§ 2610-2616, 8800-8980; Judicial Council of California INVENTORY AND APPRAISAL Cal. Rules of Court, rule 7.501 DE-160/GC-040 [Rev. January 1, 2007] www.courtinfo.ca.gov

DE-160/GC-040 ESTATE OF (Name): CASE NUMBER:

DECEDENT CONSERVATEE MINOR

DECLARATION OF PROBATE REFEREE

9. I have truly, honestly, and impartially appraised to the best of my ability each item set forth in Attachment 2.
10. A true account of my commission and expenses actually and necessarily incurred pursuant to my appointment is: Statutory commission: $ Expenses (specify) : $ TOTAL: $

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF REFEREE)

INSTRUCTIONS

(See Probate Code sections 2610-2616, 8801, 8804, 8852, 8905, 8960, 8961, and 8963 for additional instructions.)

1. See Probate Code section 8850 for items to be included in the inventory.

2. If the minor or conservatee is or has been during the guardianship or conservatorship confined in a state hospital under the jurisdiction of the State Department of Mental Health or the State Department of Developmental Services, mail a copy to the director of the appropriate department in Sacramento. (Prob. Code, § 2611.)

3. The representative, guardian, conservator, or small estate claimant shall list on Attachment 1 and appraise as of the date of death of the decedent or the date of appointment of the guardian or conservator, at fair market value, moneys, currency, cash items, bank accounts and amounts on deposit with each financial institution (as defined in Probate Code section 40), and the proceeds of life and accident insurance policies and retirement plans payable upon death in lump sum amounts to the estate, except items whose fair market value is, in the opinion of the representative, an amount different from the ostensible value or specified amount.

4. The representative, guardian, conservator, or small estate claimant shall list in Attachment 2 all other assets of the estate which shall be appraised by the referee.

5. If joint tenancy and other assets are listed for appraisal purposes only and not as part of the probate estate, they must be separately listed on additional attachments and their value excluded from the total valuation of Attachments 1 and 2.

6. Each attachment should conform to the format approved by the Judicial Council. (See Inventory and Appraisal Attach- ment (form DE-161/GC-041) and Cal. Rules of Court, rules 2.100-2.119.)

DE-160/GC-040 [Rev. January 1, 2007] INVENTORY AND APPRAISAL Page 2 of 2