Orange — Decedent's Estate- Small Estate Affidavit

Source: https://www.occourts.org/system/files/general/shc-pb-15.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

DECEDENT'S ESTATE- SMALL ESTATE AFFIDAVIT

SELF-HELP FORM PACKET

Attention

New Probate Court and In-Person Location: Costa Mesa Justice Complex 3390 Harbor Boulevard Costa Mesa, CA 92626 SHC-PB-15 (Rev. 05/01/2023)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms:

1. Complete the attached forms in black ink.
2. Scan your completed forms and save as a single PDF file.
3. Go to www.occourts.org/self-help (click the blue button labeled Click Here to Contact Self-Help Services), attach the PDF, and complete the online request form. Make sure to select PROBATE as the case type on the form.

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Rev. 05/01/2023 DECEDENT’S ESTATE SMALL ESTATE AFFIDAVIT COMMON WORDS OVERVIEW Beneficiary: A person who A Decedent’s Estate refers to all property left behind when a person inherits when there is a Will dies. This packet will cover how to access the Decedent's property and also inherits through using a Small Estate Affidavit. intestate succession. A Small Estate Affidavit can be used in two scenarios: California Probate Code Sections 13100-13106: The 1. A Decedent died before April 1, 2022, and the Decedent's legal citation for the rules that Estate is valued at $166,250.00 or less. outline Small Estate Affidavit 2. A Decedent died on or after April 1, 2022, and the Decedent’s requirements and procedures. Estate is valued at $184, 500.00 or less.

Decedent: The person who This packet includes one Small Estate Affidavit template for eachdied. of these scenarios. Affidavit 1 may be used if the Decedent died Decedent’s Estate: All real before April 1, 2022. Affidavit 2 may be used if the Decedent died on and personal property that a or after April 1, 2022. person owned at the time of death. However, exceptions may exist depending on whether the Decedent was survived by a spouse or the type of property in the estate. For Formal Probate: A court example, this process cannot be used for real property, like a house process used to prove the or vacant land. These exceptions may require that you use Formal validity of a Will or determine Probate instead. It can be difficult to determine whether your case heirs if there isn’t a Will. falls within an exception. If you are unsure if a Small Estate Heir: A person who inherits Affidavit is right for you, please reach out to Self-Help before when there is no Will. completing this packet.

Intestate: When someone A Small Estate Affidavit is not filed with the Court. It is given to the dies without leaving a Will. person, company, or financial institution that has the Decedent’s property.Intestate succession: The order of who inherits property PROCEDUREwhen someone dies without a Determine the Affidavit You Will NeedWill. If the Decedent died before April 1, 2022, use Affidavit 1.Personal Representative: If the Decedent died on or after April 1, 2022, use Affidavit 2.The person appointed to manage the Estate. Determine the Maximum Value of the Decedent’s Estate Small Estate Affidavit: A If the Decedent died before April 1, 2022, the maximum value sworn written statement that of the Decedent’s Estate can be $166,250.00. authorizes someone to claim a If the Decedent died on or after April 1, 2022, the maximum Decedent’s assets outside of the value of the Decedent’s Estate can be $184, 500.00. Formal Probate process.

Pg. 1

Calculate the Value of the Decedent’s Estate

Include: ROADMAP All real and personal property. All life insurance or retirement benefits that will be paid to the Decedent’s Estate. Do not include any insurance or retirement benefits designated to be paid to someone else.

Do not include: Cars, boats, or mobile homes. Calculate Real property outside of California. Property held in trust, including a living trust. Real or personal property that the Decedent owned with someone else. Property that passed directly to the surviving spouse or domestic partner. Fill Out Life insurance, death benefits or other property that pass directly to the beneficiaries. The debts or mortgages of the Decedent. Bank accounts owned by multiple persons, including the Decedent.

Common Issues When Calculating: Attach The value of the Decedent’s Estate should be determined based on the value of the property at the time of death, not at the time the Small Estate Affidavit is signed. A professional appraiser does not need to be hired. The Beneficiary can provide a good faith approximate value. Notarize Personal Property: Consider the value you would receive for the item in a garage sale. Real Property: Consider similar properties selling in the area. • Remember that a Small Estate Affidavit cannot be used for real Submit property. Real property is only used to calculate the value of the Decedent’s Estate. Do not include sentimental value when calculating. Self-Help Services cannot help you calculate or value the Decedent’s Estate.

A worksheet to help you calculate the Decedent’s Estate value is Advocate attached.

Pg. 2

CalculateCommonNumberIssuesofWhenDays Calculating:Since Decedent Died The value of the Decedent’s Estate should be At least 40 days must have passed since the Decedent died. determined based on the value of the property at the time ROADMAP of death, not at the time the Small Estate Affidavit isComplete a Small Estate Affidavit signed. VerificationA professional appraiser does not need to be hired. The Beneficiaryo Make surecanthatprovidea Formala goodProbatefaith approximateproceeding hasvalue. not Personalbeen filed.Property:If it has,Consideryou shouldthecontactvalue youthe would Personalreceive Representativefor the item in a garageand requestsale. written permissionReal Property:to use aConsiderSmall EstatesimilarAffidavitpropertiestoselling Calculate accessin thethearea.Decedent’s property. If written permission• Rememberis not granted,thatyoua Smallmay needEstateto join the Formal Probate proceeding. Affidavit cannot be used for real property. Real property is only used to Fill Out calculate the value of the Decedent’s o Small EstateEstate.Affidavit Fill Out Each attached template has a sample guide Do not include sentimental value when calculating. with instructions on how to complete it. Self-Help Services cannot help you calculate or value the Many banks and other financial institutions Decedent’s Estate. have their own affidavit. Please check before using one of these. A worksheet to help you calculate the Decedent’s Estate value is The Decedent’s property can be listed in one attached. Attach affidavit, or each item can be listed in separate Calculate Number ofaffidavits.Days Since Decedent Died

At leastAttach40 days must have passed since the Decedent died. o A certified copy of the Decedent’s death certificate.If the total value of the Decedent’s Estate is $166,250.00 or o Proof that the Decedent owned the property.less and 40 days have passed since the death of the Examples: Bank statement, stock certificateDecedent, you may use the Small Estate Affidavit process. Notarize o Proof of the Beneficiary’s identity. Complete the Small Examples:Estate AffidavitDriver’s License, Passport

Verification Notarization
o MakeNotarizationsure thatis nota FormalrequiredProbateby law. However,proceedingmanyhas o
not been filed. If it has, you cannot use the Small financial institutions require it as part of their
Estate Affidavit unless the Personal Submit process. To prevent any delays and considering the
Representative agrees in writing. ease of notarization, most choose to notarize.
If there are multiple beneficiaries, each one must sign FilloOut
o AtheSmallaffidavit.Estate Affidavit.
A sample is attached.
Submit • Many banks and other financial
o Give the SmallinstitutionsEstate Affidavithave theirandown.any Please
attachments tocheckthe person,beforecompany,using thisorone.financial
Advocate
institution that has the Decedent’s property.
o If processing time will be required, obtain proof of
submission. Pg. 3

After Submitting the Small Estate Affidavit

The “Letters” Requirement and Rejection
ROADMAP o One frequent response after submitting is: “We need
Letters to make the transfer.” “Letters” is used to
refer to a court document proving that someone has
been granted the authority to access property in a
Decedent’s Estate through Formal Probate.
o Another common response is rejection of the Small
Estate Affidavit. The recipient will not provide any Calculate
options and will direct the Beneficiary to seek legal
advice.
How should I respond?
o Be persistent and ask to speak to a manager or
supervisor. Explain how you made the decision the
Small Estate Affidavit is sufficient.
Fill Out
o If they are unable to assist, ask to speak to the legal
department. Reference California Probate Code
Sections 13100-13106 to encourage their legal staff
to research your explanation.

Document Review Attach The Self-Help Probate Team offers a free optional document review service for self-represented litigants. As part of this service, an attorney or paralegal will review your documents for completion before filing. Our staff cannot provide you with legal advice or strategy during this review. To have your completed documents reviewed, please attach them to your contact request Notarizehere: www.occourts.org/self-help/

Submit

Advocate

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DECEDENT’S ESTATE VALUE WORKSHEET

This worksheet will help you calculate the value of the Decedent’s Estate. It should not be attached to your Small Estate Affidavit.

DECEDENT’S PERSONAL PROPERTY

Bank Accounts: • List the bank name, account number, and balance for each account.

Credit Union Accounts: • List the bank name, account number, and balance for each account.

Retirement Accounts: • List the name of the organization holding the account, account number, and balance for each account.

Life Insurance Policies: • List the name of the life insurance company holding the account, account number, and balance for each account.

Investment Accounts: • List the name of the investment company holding the account, account number, and balance for each account.

Other:

Sub-Total A: $_______________

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DECEDENT’S REAL PROPERTY

Real Property 1: • List the Address, Property Value, and other owners (if any)

Real Property 2: • List the Address, Property Value, and other owners (if any)

Real Property 3: • List the Address, Property Value, and other owners (if any)

Other: • List the Address, Property Value, and other owners (if any)

Sub-Total B: $_______________

TOTAL: $ ___________

(SUB-TOTAL A + SUB-TOTAL B)

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AFFIDAVIT 1

AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY

UNDER CALIFORNIA PROBATE CODE SECTIONS 13100-13106

The undersigned state(s) as follows:

1. (Decedent’s Name) _____________________________________ died on (date) _______________________, in County of _________________________, State of California [before April 1, 2022].

2. At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the decedent’s death certificate attached to this affidavit or declaration.

3. (Check one): No proceeding is now being or has been conducted in California for administration of the decedent’s estate. The decedent’s personal representative has consented in writing to the payment, transfer, or delivery to the affiant or declarant of the property described in the affidavit or declaration.

4. 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 $166,250.

5. (Check one): An inventory and appraisal of the real property included in the decedent’s estate is attached. There is no real property in the estate.

6. The following property is to be paid, transferred, or delivered to the undersigned under the provisions of California Probate Code Section 13100:

---

---

7. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are:

---

8. 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. 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.

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

10. 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.

Dated: __________________ Name:

Dated: __________________ Name:

Updated 1/1/2020

ACKNOWLEDGEMENT

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 ORANGE

On ____________________ before me, ________________________________, personally appeared _____________________________________, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

foregoing paragraph is true and correct.

WITNESS my hand and official seal.

________________________________________ (Seal) Signature of Notary Public

Updated 1/1/2020

[USE ONLY IF DECEDENT DIED BEFORE APRIL 1, 2022] AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY KEY: UNDER CALIFORNIA PROBATE CODE SECTIONS 13100-13106 i = Important The undersigned state(s) as follows: Information

1. (Decedent’s Name) _____________________________________John Doe died on (date) _______________________,Day of Decedent's Death in County of _________________________,County of Decedent's Death State of California [before April 1, 2022].

2. At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the decedent’s death certificate attached to this affidavit or declaration.

   Mark A if no Formal Probate proceeding has been opened on behalf of the Decedent's Estate.3. (Check one):

A No proceeding is now being or has been conducted in California for administration of the decedent’s estate. B The decedent’s personal representative has consented in writing to the payment, transfer, or delivery to the affiant or declarant of the property described in the affidavit or declaration. Mark B if Formal Probate has been opened on behalf of the Decedent's Estate and the Personal Representative has agreed to use a Small Estate Affidavit in writing. 4. 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 $166,250. 5. (Check one): i The process we A An inventory and appraisal of the real property included in the decedent’s estate is attached. explain in this packet cannot be used for B There is no real property in the estate. real property.

6. The following property is to be paid, transferred, or delivered to the undersigned under the provisions of California Probate Code Section 13100: _______________________________________________________________________________________________Make sure to list the name of the person or business holding the Decedent's property requested and specifically identify the property-- account number, pension/brokerage account name, etc.) _______________________________________________________________________________________________Example: Bank of America, Platinum Checking Account, Account Number: 123456789

7. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: ONLY _______________________________________________________________________________________________List the legal name of the Beneficiary. Remember it must match the form of identification a Beneficiary will attach. Mark A if the Beneficiary was named the Beneficiary in a will or if the Decedent died

8. The affiant or declarant (check one): without a will and the Beneficiary is the person next in line to inherit. A 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. B 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 Mark B If the Beneficiary was previously granted the described property. other legal authority through the court or legal documents. For example via Conservatorship, Trust, or Power of Attorney. This means no one else is i9. No other person has a superior right to the interest of the decedent in the described property. entitled to the property aside from the person(s) listed on Item 7.

9. The affiant or declarant requests that the described property be paid, delivered or transferred to the affiant or Tells the recipient todeclarant. i release the property to the person(s) listed on Item 7.

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. i The person signing agrees to be legally responsible for false statements made anywhere on this form. Sign in front of iDated: MM/DD/YYYY Declarant Signature __________________ a Notary. Name: Declarant Printed Name i If more than one Declarant Dated: __________________ each one must Name: sign. Attach anSAMPLE additional blank page for additional signatures, if Updated 1/1/2020 necessary.

ACKNOWLEDGEMENT

A notary public or other officer completing this certificate verifies i This is only an example of a notarization form. Most notaries
only the identity of the individual who signed the document to which will have their own Acknowledgment
this certificate is attached, and not the truthfulness, accuracy, or Form. validity of that document.

STATE OF CALIFORNIA
COUNTY OF ORANGE

On ____________________ before me, ________________________________, personally
appeared _____________________________________, proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.

WITNESS my hand and official seal.

________________________________________ (Seal)
Signature of Notary Public ONLY

SAMPLE

Updated 1/1/2020

AFFIDAVIT 2

AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY

UNDER CALIFORNIA PROBATE CODE SECTIONS 13100-13106

The undersigned state(s) as follows:

1. (Decedent’s Name) _____________________________________ died on (date) _______________________, in County of _________________________, State of California [on or after April 1, 2022].

2. At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the decedent’s death certificate attached to this affidavit or declaration.

3. (Check one): No proceeding is now being or has been conducted in California for administration of the decedent’s estate. The decedent’s personal representative has consented in writing to the payment, transfer, or delivery to the affiant or declarant of the property described in the affidavit or declaration.

4. 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 $184,500.

5. (Check one): An inventory and appraisal of the real property included in the decedent’s estate is attached. There is no real property in the estate.

6. The following property is to be paid, transferred, or delivered to the undersigned under the provisions of California Probate Code Section 13100:

---

---

7. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are:

---

8. 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. 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.

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

10. 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.

Dated: __________________ Name:

Dated: __________________ Name:

Updated 4/1/2022

ACKNOWLEDGEMENT

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 ORANGE

On ____________________ before me, ________________________________, personally appeared _____________________________________, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

foregoing paragraph is true and correct.

WITNESS my hand and official seal.

________________________________________ (Seal) Signature of Notary Public

Updated 4/1/2022

[USE ONLY IF DECEDENT DIED ON OR AFTER APRIL 1, 2022] AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY KEY: UNDER CALIFORNIA PROBATE CODE SECTIONS 13100-13106 i = Important Information The undersigned state(s) as follows:

ϭ͘ (Decedent’s Name) _____________________________________John Doe died on (date) _______________________,Day of Decedent's Death in

County of _________________________,County of Decedent's Death State of California [on or after April 1, 2022].

Ϯ͘ At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the decedent’s death certificate attached to this affidavit or declaration. Mark A if no Formal Probate proceeding has been opened on behalf of the Decedent's Estate. ϯ͘ (Check one): A … No proceeding is now being or has been conducted in California for administration of the decedent’s estate. B … The decedent’s personal representative has consented in writing to the payment, transfer, or delivery to the affiant or declarant of the property described in the affidavit or declaration. Mark B if Formal Probate has been opened on behalf of the Decedent's Estate and the Personal Representative has agreed to use a Small Estate Affidavit in writing. ϰ͘ 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 $1 ϴϰ ,5Ϭ0.

ϱ͘ (Check one): i The process we

A … An inventory and appraisal of the real property included in the decedent’s estate is attached. explain in this packet B … There is no real property in the estate. cannot be used for real property. ϲ͘ The following property is to be paid, transferred, or delivered to the undersigned under the provisions of California Probate Code Section 13100: Make sure to list the name of the person or business holding theONLYDecedent's property requested and specifically identify the _______________________________________________________________________________________________property-- account number, pension/brokerage account name, etc. _______________________________________________________________________________________________Example: Bank of America, Platinum Checking Account, Account Number: 123456789

ϳ͘ The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are:

_______________________________________________________________________________________________List the legal name of the Beneficiary. Remember it must match the form of identification a Beneficiary will attach. Mark A if the Beneficiary was named the Beneficiary in a will or if the Decedent died ϴ͘ The affiant or declarant (check one): without a will and the Beneficiary is the person next in line to inherit. A … 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. B … 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 Mark B if the Beneficiary was previously granted other legal the described property. authority through the court or legal documents. For example via Conservatorship, Trust, or Power of Attorney. This means no one else is 9. No other person has a superior right to the interest of the decedent in the described property. i entitled to the property aside from the person(s) listed on Item 7. 10. The affiant or declarant requests that the described property be paid, delivered or transferred to the affiant or declarant. i Tells the recipient to release the property to the person(s) listed on Item 7. 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. i The person signing agrees to be legally responsible for false statements made anywhere on this form. i Sign in front ofSAMPLE a Notary. Dated: MM/DD/YYYY Declarant Signature __________________ Name: Declarant Printed Name i If more than one Declarant each one Dated: __________________ must sign. Attach Name: an additional blank page for additional signatures, if necessary. Updated ϰ/1/202Ϯ

i This is only an example of a A notary public or other officer completing this certificate verifies notarization form. Most notaries will only the identity of the individual who signed the document to which have their own Acknowledgment Form. this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF 25$1*(

On ____________________ before me, ________________________________, personally
appeared _____________________________________, proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.

WITNESS my hand and official seal. ONLY ________________________________________ (Seal)
Signature of Notary Public

SAMPLE

Updated ϰ/1/202Ϯ