Santa Barbara — SC-6020

Source: https://www.santabarbara.courts.ca.gov/system/files/forms-and-filings/sc6020.pdf

Either of the following, as appropriate:

"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 SUPERIOR COURT OF CALIFORNIA

"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 COUNTY OF SANTA BARBARA
decedent's interest in the described property."

"No other person has a superior right to the interest of the decedent in the
described property."

"The affiant or declarant requests that the described property be paid,
delivered, or transferred to the affiant or declarant."

"The affiant or declarant affirms or declares under penalty of perjury under
the laws of the State of California that the foregoing is true and correct."

Execution of Affidavit: The affidavit must be executed by all of the decedent's successors who have an interest in the property sought to be collected, received or transferred.

Attachments to Affidavit: The following attachments to the affidavit are required:

• A certified copy of the decedent's death certificate.

• Evidence of ownership: In certain situations, if the decedent had evidence of ownership of the property described in the affidavit, it must be attached to the affidavit, if available. Otherwise, the holder of the property may be permitted to TRANSFER OF SMALL ESTATES require that the successor of the decedent furnish an indemnification bond or undertaking as a condition to the transfer of the property. WITHOUT PROBATE • Copy of consent: If a probate of the decedent’s estate is pending and the decedent's personal representative consented to the transfer of the property, a Overview copy of the consent and the court letters issued to the personal representative must be attached to the affidavit. In certain circumstances, a decedent's personal property may be transferred to the "successors" of the decedent without the need to open a probate with the Successors Remedy for Refusal to Transfer probate court. The decedent's entire estate must qualify as a small estate and must meet all of the requirements of sections 13100-13115 of the California Probate Code. The decedent's successors may make their claims to theIf the holder of the property refuses to honor an affidavit (assuming that it is not defective), the affiant may file a statutory action against the holder to compel property and take title (assuming no conflicting claims) by presenting an payment, delivery or transfer of the property. affidavit which meets certain requirements to the holders of the property. Title to real property may not be transferred under this procedure.

SUPERIOR COURT OF CALIFORNIA
DISCLAIMER
COUNTY OF SANTA BARBARA The purpose of this brochure is to provide general information on the law,
https://santabarbara.courts.ca.gov/ which is subject to change. It is not intended as a substitute for legal
SC-6020 [Rev. 1/1/2012] advice. If you have legal questions, you should consult an attorney.

Specific Requirements Testate beneficiaries: The sole beneficiary under decedent's last will or, if more than one beneficiary, all beneficiaries under the will, regardless whether any beneficiary is related to decedent. This would include a trustee of the decedent's inter vivos orNo Probate Proceeding or personal representative consents: The affidavit testamentary trust where the trust succeeds to the particular item of property underprocedure may be used only if (a) no probate proceeding is currently pending or has decedent's will.taken place for the estate in California; or (b) the decedent's personal representative consents in writing to transfer of the property pursuant to the affidavit procedure. Intestate heirs: If decedent died without a will, the successors of the decedent are the decedent's heirs. California's laws of intestate succession are set forth in Probate40-day Wait: The affidavit procedure may not be used until at least 40 days have elapsed since the date of the decedent's death. Code sections 6401-6402.

Estate may not exceed $166,250 in value: Personal property qualifies for the Representatives: Certain persons in a representative capacity are eligible §13100 claimants:affidavit procedure only if the total current gross fair market value of the decedent's real and personal property in California does not exceed $166,250. Guardian, conservator or trustee of eligible claimant: The trustee of a trust is Title to real property in the estate may not be cleared using the affidavit • an eligible transferee as to items passing from decedent to the trust. Likewise, procedure. The affidavit procedure is limited to the transfer of the decedent's guardians or conservators of the estates of eligible transferees are themselves personal property only. Nevertheless, both the decedent's real and personal eligible to use the affidavit procedure on such persons' behalf without property in California must be considered in determining whether the total value authorization by the court where the guardianship or conservatorship is pending. of the estate exceeds $166,250. Attorney-in-fact under durable power of attorney: An Attorney-in-fact acting • Insurance policy or retirement plan proceeds payable to the estate as the under a durable power of attorney may use the affidavit procedure on behalf of designated beneficiary must be included in determining whether the total value the beneficiary giving the power of attorney. of the estate exceeds $166,250. Affidavit Procedure • The following property is excluded in determining whether the total value of the estate exceeds $166,250: An affidavit which meets the specific requirements of the California Probate Code must be presented the holder of the property to be transferred. Attached is a sample • Vehicles and other state-registered property: automobiles, "nonmotor" affidavit. Many banks and brokerage houses have their own affidavit. vehicles such as trailers, mobilehomes, manufactured homes, commercial coaches, truck campers, floating homes and undocumented vessels; Contents of the Affidavit: Specifically, the affidavit must contain all of the following: • Unpaid salary: any amounts due to the decedent for services in the armed Decedent's name. forces and up to $15,000 in unpaid salary or other compensation (including compensation for unused vacation) owing to the decedent for personal Date and place of decedent's death. services from any employment; The following statements: • Joint tenancy interests, life estates, and property passing outright to surviving spouse: all property held by the decedent in joint tenancy, or in "At least 40 days have elapsed since the death of the decedent, as shown in which the decedent had a life estate or other interest which terminated at a certified copy of the decedent's death certificate attached to this affidavit death, or that passes outright to the decedent's surviving spouse under or declaration." Probate Code section 13500; Either of the following, as appropriate: • Multiple-party accounts: any multiple-party account to which the decedent was a party at death to the extent the funds pass directly to a surviving "No proceeding is now being or has been conducted in California for party, payable-on-death payee or beneficiary; and administration of the decedent's estate."

• Inter vivos trust assets: all property held in a living trust. or

"The decedent's personal representative has consented in writing to the
Successors of the Decedent payment, transfer, or delivery to the affiant or declarant of the property
described in the affidavit or declaration."

The affidavit procedure may be used by any "successor of the decedent." This term includes anyone entitled to succeed to the claimed property under the decedent's "The current gross fair market value of the decedent's real and personal will or by the laws of intestacy in California. Specifically, the term encompasses: property in California, excluding the property described in Section 13050 of the California Probate Code, does not exceed $166,250."