https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=13006.­ (b) Section 13006 of the California Probate Code with respect to the decedent s interest in the described property. 9. California Laws - Probate Code DIVISION 6. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. 8 years ago. Some financial institutions and other providers have proprietary affidavits customers must use. Locate and complete an affidavit form. Each declarant is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in the real property described in item 5a, or signs this declaration on behalf of an entity that is a successor of decedent and to Either of the following, as appropriate: • Theaffiantor declarant is the successor of the decedent (as definedin Section 13006 of the California Probate Code) tothe decedent’s interest in the described property. California Government Code 21257. 9. Sec. The successor(s) of the decedent, as defined in Probate Code Section 13006 is/are: 8. Probate Code § 13006 (describe the property to be transferred): 7. California Probate Code: 13006. 6. Section 13006. The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. INTESTATE SUCCESSION GENERALLY (6400-6414) (5548) (1-click HTML) 6400. California Probate Code Section 13051. For more detailed codes research information, including annotations and citations, please visit Westlaw. 1991, Ch. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Disclaimer: These codes may not be the most recent version. Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. We will always provide free access to the current law. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. Attorney Roberts explained the family’s options for Supplemental Needs planning, and they chose an option that was accepted by the Probate Court. 10. ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. Terms Used In California Probate Code 13005. The successor(s) of the decedent, as defined in Probate Code Section 13006 is/are: 8. Check the second box if one of the following applies: The claimant is the guardian or conservator of the estate of the person entitled to any of the decedent’s property. California Probate Code. No other person has a superior right to the interest of the decedent in the described property. Code §§ 13101(a)(4)(B) and (a)(8)(B) ) The decedent died intestate, leaving no surviving heirs, and the declarants are all (b) The trustee of a trust may act on behalf of … California Probate Code. Client Review: Attorney Roberts worked with me on the estate of a Connecticut resident who intended to leave money for the Supplemental Needs of his disabled daughter . It is applicable after a period of 40 days, according to the Legislative Counsel of California. 6, 2016). Terms Used In California Probate Code 13005. INTESTATE SUCCESSION (5547) (1-click HTML) CHAPTER 1. 6. (Amended by Stats. Subscribe to Justia's The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: _____ 7. Source(s): https://shrinke.im/a8tME. Affidavit for Collection of Personal Property Pursuant to California Probate Code §13100-13116 - continued. 6. CALIFORNIA PROBATE CODE Jan. 1, 2012 - DO NOT FILE WITH THE COURT - Sections 13006, 13050-13051, 13100-13116 the Codeof Civil Procedure. If you believe your loved one's estate qualifies for the affidavit process instead of probate court, follow these steps. California may have more current or accurate information. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) California Government Code 21257. California Probate Code Section 13100 (please describe the property in below space): 6. California Probate Code Section 13006. 13006. § 13005 “Property of the decedent,” “decedent’s property,” “money due the decedent,” and similar phrases, include property that becomes part of the decedent’s estate on the decedent’s death, whether by designation of the estate as beneficiary under an insurance policy on the decedent’s life or under the decedent’s retirement plan, or otherwise. Location:https://newyork.public.law/codes/ca_prob_code_section_13006. property. (B) “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 decedent’s interest in the described property.” Chapter 1 - DEFINITIONS. ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. I declare under penalty of perjury under the laws … Free Newsletters (A) “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.” Code 13006) to the decedent’s interest in the described property. Part 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION. The undersigned is/are successor(s) of the decedent to the decedent’s interest in the described property, or The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of WILLS AND INTESTATE SUCCESSION PART 2. (b) If the holder of the decedent's property refuses to pay, deliver, or transfer any personal property or evidence thereof to the successor of the decedent within a reasonable time, the successor may recover the property or compel its payment, delivery, or transfer in an action brought … Through social Successor of the Decedent means: If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent's will. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: 7. Supplemental Needs Trusts. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw . Original Source: The affiant or declarant is the successor of the decedent [as defined in California Probate Code §13006] to the decedent’s interest in the described property. (A) “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.” Subdivision (a) concerns that right given by a will; subdivision (b) concerns that right as provided by law when there is no will. “Successor of the decedent” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent’s will. No other person has a superior right to the interest of the decedent in the described property. Decedent: A deceased person. Read this complete California Code, Probate Code - PROB § 13005 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Universal Citation: CA Prob Code § 13006 (through 2012 Leg Sess) Successor of the decedent means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent s will. Current through 2020 Legislative Session. Sec. Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. “Successor of the decedent” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent’s will. No other person has a superior right to the interest of the decedent in the described property. 7. 13200. OR  authorized under Probate Code §13051 . The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. Please check official sources. we provide special support 4. b. Section 13006 - Successor of the decedent. California Probate Code. (last ac­cessed Jun. 9. Download PDF. Under certain circumstances, personal property may be transferred to the decedents successors without having to go through a formal probate court process. Read this complete California Code, Probate Code - PROB § 13006 on Westlaw. Under Californias Probate Code section 13100-13116, the successors in interest may file Probate Form 13100 Affidavit for the Collection of Personal Property, also referred to as a Small Estate Affidavit, with the person or institution which has custody of the property. It is applicable after a period of 40 days, according to the Legislative Counsel of California. • 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 Probate Code, does not exceed one hundred sixty-six thousand, two-hundred and fifty dollars ($166,250) (Prob. 8. For the purposes of this part, a trust is a beneficiary under the decedent’s will if the trust succeeds to the particular item of property under the … California Probate Code Sec. 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 … If the Affiant is acting on behalf of the Successor (with full consent of the Successor) and acting under California Probate Code Section 13051, then mark the second checkbox. John S. Lv 7. California Probate Code 13006. NYSenate.gov, Universal Citation: CA Prob Code § 13006 (through 2012 Leg Sess) Successor of the decedent means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent s will. Division 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION. Subdivision (a) concerns that right given by a will; subdivision (b) concerns that right as provided by law when there is no will. California Probate Code Sections 13200 – 13210 Richard Keyt 2016-12-13T21:19:50-07:00. Either of the following, as appropriate: • Theaffiantor declarant is the successor of the decedent (as definedin Section 13006 of the California Probate Code) tothe decedent’s interest in the described property. 6. California Probate Code Sec. The affiant or declarant is the successor of the decedent [as defined in California Probate Code §13006] to the decedent’s interest in the described property. Check one of the following, as appropriate: For the purposes of this part, a trust is a beneficiary under the decedent s will if the trust succeeds to the particular item of property under the decedent s will. 13006. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. (b) court opinions. 8. View it here. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660], View Previous Versions of the California Code. to the decedent’s interest in the to act on behalf of the decedent’s . No other person has a superior right to the interest of the decedent in the described prop Legal research, laws, cases, statutes and codes for lawyers, attorneys and the public The undersigned (please check which box(s) applies): Is successor(s) of the decedent to the decedent’s interest in the described property, or CALIFORNIA PROBATE CODE Jan. 1, 2012 - DO NOT FILE WITH THE COURT - Sections 13006, 13050-13051, 13100-13116. Successor of the Decedent means: If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent's will. 13100. § 6401 (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. 13006. I am:  a successor(s) of the decedent . Prob. Terms Used In California Probate Code 13006. (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent s will. John S. Lv 7. California Probate CodeSec.§13006. featuring summaries of federal and state Section 13006. Cal. 0 0. Decedent: A deceased person. Join thousands of people who receive monthly site updates. 34.). The affiant or declarant is the successor of the decedent [as defined in California Probate Code §13006] to the decedent’s interest in the described property. OR 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. (B) “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 decedent’s interest in the described property.” Please refer to the California Probate Code section 13051 and 13006 for more information. California Probate Code Section 13100 is part of the California state law regarding the acquiring of property under a certain value by a successor from the estate of a decedent. 8 years ago. California Probate Code 13006. The undersigned is/are successor(s) of the decedent to the decedent’s interest in the described property, or The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of OR 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. No other person has a superior right to the interest of the decedent in the described property. Sec. Probate Code from the California Codes (2019) Disclaimer: These codes may not be the most recent version.California may have more current or accurate information. Probate Code § 13006 (describe the property to be transferred): 7. 8. "Successor of the decedent" means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent's will. 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 one hundred fifty thousand dollars 150 000. California Probate Code Sec. If the Affiant (Declarant/Signature Party) is the Successor of the Decedent, as per California Probate Code Section 13006, then mark the first checkbox in Article VIII. OR  authorized under Probate Code §13051 . 9. (A) "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." 1. (B) 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 decedent s interest in the described property. In addition, 8. (b)If the decedent died without a will, the sole person or all of the persons who succeeded to the particular item of property of the decedent under Sections 6401 and 6402 or, if the law of a sister state or foreign nation governs succession to the particular item of property, under the law of the sister state or foreign nation. for non-profit, educational, and government users. I request that the above-described property be paid, delivered or transferred to me. (9) “The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedent’s interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.” Code § 13101(a)(5)). The statute concerns who is to be considered to have a legal right to property after a person's death. The decedent did not leave a will, but the claimant is the decedent’s successor as defined in Section 13006 of the California Probate Code. 0 0. I request that the above-described property be paid, delivered or transferred to me. 8. property. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) … Excluding the property described in Section 13050, if the gross value of the decedent’s real and personal property in this state does not exceed one hundred fifty thousand dollars ($150,000) and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of … No other person has a superior right to the interest of the decedent in the described property. INTESTATE SUCCESSION. . . (Prob. § 6401 (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. (8083) The name of the successor of the Decedent is: 7. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: _____ 7. I am:  a successor(s) of the decedent OR  authorized under Probate Code §13051 to the decedent’s interest in the to act on … Signature and Date: All claimants must print their name, sign, and date this form. The declarant(s) 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. Code § 13101(a)(4)). 10. 1055, Sec. (B) "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 decedent's interest in the described property." CA Prob Code § 13006 (through 2012 Leg Sess), DIVISION 8. Business and individuals who owe more than $25,000 in taxes to Massachusetts are posted on an online, public list. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: 8. The undersigned 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. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Otherwise, check with the court self-help center for your county. to the decedent’s interest in the to act on behalf of the decedent’s . Probate Code section 13100: 7. “Successor of the decedent” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent’s will. PART 2. OR 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. • I/We are the successor (s) of the decedent (as defined in Prob. The undersigned 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. Code § 13006. entre­pre­neurship, we’re lowering the cost of legal services and (a)If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent’s will. For the purposes of this part, a trust is a beneficiary under the decedent s will if the trust succeeds to the particular item of … … California Probate Code: 13006. Disposition of Estate Without Administration, Collection or Transfer of Small Estate Without Administration. increasing citizen access. Source(s): https://shrinke.im/a8tME. For the purposes of this part, a trust is a beneficiary under the decedent’s will if the trust succeeds to the particular item of property under the decedent’s will. (8084) Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:. The successor of the decedent shall file the affidavit or declaration with the court when the motion is made. 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. “Successor of the decedent” means: (b) If the decedent died without a will, the sole person or all of the persons who succeeded to the particular item of property of the decedent under Sections 6401 and 6402 or, if the law of a sister state or foreign nation governs succession to the particular item of property, under the law of the sister state or foreign nation. CALIFORNIA PROBATE CODE. 9. § 13006, California Probate Code: 13006. Check one of the following, as appropriate: California Probate Code Section 13100 is part of the California state law regarding the acquiring of property under a certain value by a successor from the estate of a decedent. California Probate Code Section 13000 – 13116. Probate Code § 13006 (describe the property to be transferred): 7. Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and: California Government Code 21257 Decedent: A deceased person. Probate Code section 13100: 7. I am:  a successor(s) of the decedent . CA Prob Code § 13051 (2017) For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. The statute concerns who is to be considered to have a legal right to property after a person's death. And includes both real and personal property Pursuant to California Probate Code Sec laws, cases statutes!: NYSenate.gov, § 13006 ( describe the property in below space ):.! 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