Updated on November 2, 2021
The California Affidavit for Collection of Personal Property is a legally binding document used by rightful heirs to an estate to request for transfer or delivery of the property to the successor. In this case, the people entitled to the property request the institution or people with the custody to transfer especially where the decedent did not leave a will.
The affidavit is written following Code §§ 13100-13116, and the net value of the property should not exceed $166,250 for it to qualify under the personal property category.
It is crucial to understand that the affiant must wait for 40 days after the death of the decedent to fill this form.
- The decedent’s names, the date they died, and in which county in California State.
- Check the appropriate box on matters proceedings of the administration of the decedent’s estate or if personal representatives of the decedent have authorized in writing the transfer or delivery of the property mentioned in the affidavit.
- The gross market value of the decedent’s personal and real property excluding ones described under Section 13050 of the California Probate Code.
- Check the box on whether the inventory and appraisal of real property are attached or there is no real property in the estate.
- The property is to be paid, transferred, or delivered under the provisions of California Probate Code Section 13100.
- The name of the successor(s) according to California Probate Code Section 13006.
- The next section is the affiant declaration and that there is no one else with superior power over the described property in the affidavit.
- Affiant(s) declaration with the name and date undersigned.
The last section of the affidavit is the acknowledgment by the notary public with a seal to show the information therein is true and follows the state of California laws.
