Free California Small Estate Affidavit Forms and Templates

What Is a Small Estate Affidavit in California?

A California Small Estate Affidavit Form is a legal instrument used when an individual dies without leaving a will and specific directions regarding their possessions - if their prospective heirs believe the estate can be dealt with without time-consuming court proceedings, they have a right to draft and submit an affidavit to distribute the assets between all the people that have an interest in the property in question. If you know there are no disagreements about the decedent's estate or there is only one individual that can reasonably claim the assets such as their spouse, domestic partner, or child, and all the debts and liens on the property are handled leaving all the creditors satisfied, an affidavit of this kind is recommended so that you transfer the estate to yourself and other people entitled to it promptly.

California Small Estate Affidavit Form Types

• Affidavit for Collection of Personal Property. This is the main statement you have to compose when settling the small estate of an individual that passed away in California. Once you learn you qualify for a quick settlement via an affidavit, you can prepare this form and use it alongside the death certificate to claim the property you want;
• Form DE-221, Spousal or Domestic Partner Property Petition serves as a list of possessions you want to gain access to - only complete this form if you are doing this after the death of your spouse;
• Form DE-160 (GC-040), Inventory and Appraisal. Prepare the list of items that belong to the estate of the decedent instead of putting all this information in the affidavit - note that you cannot include vehicles, watercrafts, and mortgage they owed at the time of death to the inventory;
• Form DE-161 (GC-041), Inventory and Appraisal Attachment is a supplementary statement often used when the regular inventory does not provide enough space for a proper description of the assets - attach as many sheets to the main inventory as you need;
• Form DE-310, Petition to Determine Succession to Real Property (Estates of $150,000 or Less) is filed if the estate in question does not contain any personal property and the heirs are planning to become the owners of the real estate, the only asset left by the previous owner.

How to Get a Small Estate Affidavit in California?

You can ask a local county clerk for the printed version of the latest California Small Estate Affidavit Form - they will also answer additional questions you have about the guidelines you have to adhere to when completing this instrument. However, they are quite straightforward - California Small Estate Affidavit instructions are as follows:

1. Identify the estate owner and add the date and location of their death.
2. Confirm you have complied with the regulations regarding the eligibility of the estate and the enforceability of the affidavit: you have waited for at least forty days before filing the form, there are no proceedings that deal with the estate settlement, the assets do not exceed the amount prescribed by the local laws, and you have enclosed an inventory that contains the full description of the items you are entitled to receive.
3. Briefly elaborate on the property you are supposed to receive after the estate settlement is finalized.
4. List the names of other heirs entitled to get access to the property of the decedent.
5. Certify your status - you are either appointed as a successor through a will, a spouse of the individual that passed away, or you are acting on behalf of the heir.
6. Sign and date the form - you must do this in front of a notary public to make the affidavit valid.

How to File a Small Estate Affidavit in California?

Here is what you need to gather before submitting an affidavit and transferring assets to heirs of the decedent - the California Affidavit of Small Estate, the death certificate or its certified copy, the statement listing all the assets, and the identification documentation. Select the probate court of the county where the estate owner resided last before their passing and submit the papers there for the filing fee of $435. The court clerk will be able to guide you by telling you what you should do next to come into possession of the decedent's estate.