California Small Estate Affidavit | Form 13101
It is strongly advised that anyone wishing to put forward their case to obtain the small estate of an individual who has died without a will should undertake an alternative method than engaging with the probate court. In California, an individual has the option of filing a California small estate affidavit (Form 13101) instead. Simply put, this document is used to lawfully represent the assertion by the individual (a party termed the “Successor”) that they have a lawful claim to the small estate of the deceased individual (a party termed the “Decedent”).
The Successor will need to file additional forms if there is real property involved in the estate claim.
- For the transfer of real property without personal possessions, the Successor must complete and file Form DE-310, “Petition to Determine Succession to Real Property”.
- For the transfer of real property as part of the Decadent’s total estate, the Successor must complete and file Form DE-160, “Inventory and Appraisal”. They may also need to complete and file a supplementary form to Form DE-160, namely, Form DE-161, “Inventory and Appraisal Attachment”.
Laws & Required Conditions
Laws: § 13000 – 13210
Maximum Estate Value: $150,000 (excluding the types of property that are stipulated in § 1350)
Required Conditions: On condition that a) the property described in § 1350 is excluded, b) the value of the estate is within the permitted limit, and c) forty (40) days have passed from the event of the Decedent’s death, the Successor is permitted to furnish a California Small Estate Affidavit to the holder of the Decedent’s property so that they may, “collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this chapter.”
The Successor should note that the Affidavit will only be acceptable in the eyes of the law if it duly upholds all of the requirements listed in § 13101.