Refreshed: 2018-05-15 Division 8, Disposition of Estate Without Administration; Part 1, Collection or Transfer of Small Estate Without Administration; Chapter 1, Definitions; Section 13006. Read this complete California Code, Probate Code - PROB § 13051 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Pennsylvania Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? (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. Begin typing to search, use arrow keys to navigate, use enter to select. We recommend using 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. California Probate Code 13006. Subdivision (a) concerns that right given by a will; subdivision (b) concerns that right as provided by law when there is no will. Section 13006. 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. (8084) or "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 IV - States' Relations property. 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. If you believe your loved one's estate qualifies for the affidavit process instead of probate court, follow these steps. Locate and complete an affidavit form. California The statute concerns who is to be considered to have a legal right to property after a person's death. The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. Art. New Jersey 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. New York Alaska Microsoft Edge. (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.” Google Chrome, (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) “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.” VI - Prior Debts Georgia CALIFORNIA PROBATE CODE Jan. 1, 2012 - DO NOT FILE WITH THE COURT - Sections 13006, 13050-13051, 13100-13116 the Codeof Civil Procedure. ), Alabama Art VII - Ratification. 1991, Ch. US Tax Court No other person has a superior right to the interest of the decedent in the described property. Probate Code section 13100: 7. Probate Code § 13006 (describe the property to be transferred): 7. (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.” Michigan Section 13006 of the California Probate Code) to the decedent's interest in the described property." V - Mode of Amendment 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. to act on behalf of “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. Section 13006. (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." FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 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. 34. 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. Source(s): https://shrinke.im/a8tME. For more detailed codes research information, including annotations and citations, please visit Westlaw. 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. Florida "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. Oregon 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. Probate Code. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. California Probate Code Section 13006. Internet Explorer 11 is no longer supported. Ohio 9. Read this complete California Code, Probate Code - PROB § 6401 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Art. • Theaffiantor declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successorof the decedent (as definedin Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. Signature and Date : All claimants must print their name, sign, and date this form. For more detailed codes research information, including annotations and citations, please visit Westlaw . Please refer to the California Probate Code section 13051 and 13006 for more information. Sections 6401 6. 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. (A) "The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Division 8, Disposition of Estate Without Administration; Part 1, Collection or Transfer of Small Estate Without Administration; Chapter 1, Definitions; Section 13006. (Amended by Stats. III - Judicial 9. Check one of the following, as appropriate: I request that the above-described property be paid, delivered or transferred to me. Art. Massachusetts 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 … Washington, US Supreme Court The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. 1. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 4. b. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. I am: the successor(s) of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. Virginia 6402 Nevada california laws - probate code division 6. wills and intestate succession part 2. intestate succession. California Probate Code: 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. CA Prob Code § 13006 (through 2012 Leg Sess) What's This? 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); 8. For more detailed codes research information, including annotations and citations, please visit Westlaw . Art. (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.” (7) The name of the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the described property. Read this complete California Code, Probate Code - PROB § 13006 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: _____ 7. 8 years ago. The successor(s) of the decedent, as defined in Probate Code Section 13006 is/are: 8. Firefox, or (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. 8. North Carolina 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. Illinois For the purposes of this part, a trust is a beneficiary under the decedent’s will if the trust succeeds to the … Please refer to the California Probate Code section 13051 and 13006 for more information. Indiana No other person has a superior right to the interest of the decedent in the described property. Texas (B) "The affiant or declarant is authorized under Section 13051 of the California . I - Legislative Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. Probate Code) to the decedent's interest in the described property." (8084) For more detailed codes research information, including annotations and citations, please visit Westlaw. No other person has a superior right to the interest of the decedent in the described property. (8) Either of the following, as appropriate: (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.” 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 Refreshed: 2018-05-15 Copyright © 2020, Thomson Reuters. 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. Otherwise, check with the court self-help center for your county. California Probate Code 13006 – “Successor of the decedent” means: (a) If the decedent died …. (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 CA Prob Code § 13006 (through 2012 Leg Sess) What's This? 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." FCC Again Rejects Net Neutrality Even as Controversy Reignites. part 2. intestate succession (5547) (1-click html) chapter 1. intestate succession generally (6400-6414) (5548) (1-click html) 6400. (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. 10. Arizona Art. 10. The name of the successor of the Decedent is: 7. California Probate Code: 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. 0 0. (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.” I am:  a successor(s) of the decedent OR  authorized under Probate Code §13051 to the decedent’s interest in the to act on … (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.” and Some financial institutions and other providers have proprietary affidavits customers must use. Board of Patent Appeals, Preamble 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. 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 … No other person has a superior right to the interest of the decedent in the described property. The successor of the decedent shall file the affidavit or declaration with the court when the motion is made. 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. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. (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.” Art. 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. John S. Lv 7. 9. 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. 9. Read this complete California Code, Probate Code - PROB § 13006 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. II - Executive All rights reserved. Signature and Date : All claimants must print their name, sign, and date this form. 13006. 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