California Government Code 21257 Decedent: A deceased person. The affidavit or declaration must include the information described in California Probate Code section 13101. Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. the real described in item 9a because each petitioner is: a. b. In completing the California probate code section 13100 form, can one person list themself as the successor(s) or do - Answered by a verified Estate Lawyer ... (as defined in Section 13006 of the California Probate Code) to the described property. "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 $150,000." 9. (8084) 10. Section 13100 states that, excluding property mentioned in Section 13050, if 40 days have passed since the decedent's death and the value of the decedent's real and personal property is under $150,000, the successor of the deceased may collect some types of property without administrative paperwork or waiting for the probate of the will, notes the Legislative Counsel of California. none . Section 366.2 of the Code of Civil Procedure applies in an action under this section. of all real property in decedent’s estate located in California as shown by the . Probate Code § 13006 (describe the property to be transferred): 7. ; Intestate: Dying without leaving a will. 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 decedent's interest in the real property, and no other person or entity has a superior right, because each declarant or entity is: Definitions Section 13006 described property. 0 0. Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:. Under the California rules (California Probate Code Section 6401), if the person who dies is married, property is distributed as follows: (1) One-half of the community property of the person who died (called a “decedent”) is distributed to the surviving spouse (community property, generally, is property acquired during marriage); Please refer to the California Probate Code section 13051 and 13006 for more information. the decedent's heirs. Section 13050 of the California Probate Code, does not exceed sixty thousand dollars ($60,000)." property 10. WILLS AND INTESTATE SUCCESSION PART 2. Title: Microsoft Word - Probate_Code_revised.doc Author: athompson Created Date: 6/26/2008 11:17:01 AM CA Prob Code § 13006 (2017) “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. John S. Lv 7. Page 1 of 1. 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. Onecle: California Probate Code Section 6451 ; Writer Bio. Subdivision (a) concerns that right given by a will; subdivision (b) concerns that right as provided by law when there is no will. I am:  a successor(s) of the decedent OR  authorized under Probate Code §13051 to the decedent’s interest in the to … An affidavit or declaration must be signed under penalty of perjury. California, like other states, has laws that explain who may receive an inheritance when a person dies without a last will and testament. No other person has a superior right to the interest of the decedent in the described property. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. 8. 5. reverse), does not exceed sixty thousand dollars ($60,000). THE COURT FURTHER FINDS AND ORDERS. or delivered to the affiant or declarant (7) The name of the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the Section 377 of the Code of Civil Procedure. the property described in Section 13050 of the California Probate Code (see reverse), does not exceed sixty thousand dollars ($60,000). California Government Code 21259 Decedent: A deceased person. Signature and Date: All claimants must print their name, sign, and date this form. Source(s): https://shrinke.im/a8tME. 2011 California Code Probate Code DIVISION 8. but declarant has the superior right under California Probate Code Section 6402 to inherit the described property.] Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.See California Government Code 21258; Community property: means :. 8 years ago. Section 13006 - Successor of the decedent "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. Each petitioner is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in. 9. The . Terms Used In California Probate Code 13006. gross value. INTESTATE SUCCESSION. JUDICIAL OFFICER. Check one: I am the successor of the decedent (as defined in Section 13006 of the California Probate Code) (See reverse) to the decedent's interest in the. Names and addresses of each guardian or conservator of decedent’s estate at date of death. Probate Code, § 13154 . ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. 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 ProbateCode) with respect to the decedent's interest in the described property. Universal Citation: CA Prob Code § 6401 (through 2012 Leg Sess) (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. 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. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] CHAPTER 1. a person who succeeded to the property under Probate Code sections 6401 and 6402. Heirs are people who are entitled to inherit a deceased person's property. www.courts.ca.gov. (5612) (2) Section 3524 of the Penal Code. The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. Code § 13101(a)(4)). (6) Adescriprion of the plOpeny of the decedent that is to be paid. The real . The statute concerns who is to be considered to have a legal right to property after a person's death. Terms Used In California Probate Code 6401. California Laws - Probate Code DIVISION 6. Check one: I am the successor of the decedent (as defined in Section 13006 of the California Probate Code) (See reverse) to the decedent's interest in … No other person has a superior right to the decedent's interest in the described property. Code § 13101(a)(5)). 13205. California Probate Code 13006. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. (5613) • 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 fifty thousand dollars ($150,000) ( Prob. California Probate Code Section 13006 "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. (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. (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." Under California Probate Code 6401, when one spouse dies, the law awards the surviving spouse a statutory share of the community property equal to one-half of the deceased spouse's share. 13006. 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. In California, the term "heir" is defined in the state's probate code. tIlmSfetted. Pursuant to the facts set forth above and Sections 13100-13115 of the8 California Probate Code, I … 5. are as follows * (specify): 8. She has an extensive real estate and criminal legal background. 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