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John S. Lv 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. California Probate Code. California Probate Code 13006. It is applicable after a period of 40 days, according to the Legislative Counsel of California. “Successor of the decedent” means: 6. . (last ac­cessed Jun. 8 years ago. (b) Division 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION. WILLS AND INTESTATE SUCCESSION PART 2. § 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. 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. "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 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: 7. • I/We are the successor (s) of the decedent (as defined in 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. The successor(s) of the decedent, as defined in California Probate Code Section 13006, is/are: 8. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. 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. CALIFORNIA PROBATE CODE Jan. 1, 2012 - DO NOT FILE WITH THE COURT - Sections 13006, 13050-13051, 13100-13116 the Codeof Civil Procedure. For more detailed codes research information, including annotations and citations, please visit Westlaw. Section 13006. 10. 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. ; Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. (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.” 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 . 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 … Please refer to the California Probate Code section 13051 and 13006 for more information. 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. 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. Business and individuals who owe more than $25,000 in taxes to Massachusetts are posted on an online, public list. (b) The trustee of a trust may act on behalf of … 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. 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. 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. Otherwise, check with the court self-help center for your county. Prob. Free Newsletters Code § 13101(a)(4)). John S. Lv 7. 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." California Probate CodeSec.§13006. 13200. Attorney Roberts explained the family’s options for Supplemental Needs planning, and they chose an option that was accepted by the Probate Court. 4. b. (Amended by Stats. Section 13006. (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.” 8. 10. 8. 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. we provide special support Probate Code section 13100: 7. (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." Read this complete California Code, Probate Code - PROB § 13006 on Westlaw. Affidavit for Collection of Personal Property Pursuant to California Probate Code §13100-13116 - continued. property. California Probate Code. California Probate Code Section 13006. Code § 13101(a)(5)). Download PDF. 1055, Sec. Cal. 7. Signature and Date: All claimants must print their name, sign, and date this form. Code §§ 13101(a)(4)(B) and (a)(8)(B) ) The decedent died intestate, leaving no surviving heirs, and the declarants are all 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. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660], View Previous Versions of the California Code. 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. No other person has a superior right to the interest of the decedent in the described property. (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. entre­pre­neurship, we’re lowering the cost of legal services and Probate Code § 13006 (describe the property to be transferred): 7. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. Section 13006 - Successor of the decedent. California Government Code 21257. for non-profit, educational, and government users. 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. 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. to the decedent’s interest in the to act on behalf of the decedent’s . § 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. 9. 0 0. 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 . PART 2. https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=13006.­ 8 years ago. INTESTATE SUCCESSION GENERALLY (6400-6414) (5548) (1-click HTML) 6400. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: _____ 7. California Probate Code Sec. We will always provide free access to the current law. I declare under penalty of perjury under the laws … 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. California Government Code 21257. property. 9. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) The successor(s) of the decedent, as defined in Probate Code Section 13006 is/are: 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. Legal research, laws, cases, statutes and codes for lawyers, attorneys and the public No other person has a superior right to the interest of the decedent in the described property. Decedent: A deceased person. to the decedent’s interest in the to act on behalf of the decedent’s . Chapter 1 - DEFINITIONS. under the provisions of California Probate Code section 13100: (If more information, please attach additional sheets if necessary.) 0 0. (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. 6. 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. 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