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What it means to probate an estate: Part 3

Legal Doc Help

 


(From CALDA, California Association of Legal Document Assistants)

In this the last of our probate series, we will list the forms necessary to file the various types of propbate discussed in parts one and two.

The forms used for summary administration are:

If the estate contains real property and is worth less than $50,000, you need these forms:

• Affidavit Re Real Property of Small Value (DE-305)

• Inventory and Appraisal (DE-160)

• Inventory and Appraisal Attachment (DE-161)

• Transmittal Letter to Probate Referee

• Change of Ownership Statement, Death of Real Property Owner

• Claim for Reassessment Exclusion for Transfer Between Parent and Child (if applicable)

You may also need the Affidavit for Collection of Personal Property if there is other personal property assets to collect, as the Affidavit Re Real Property of Small Value procedure is only for real estate).

If the estate contains real property and is worth less than $150,000, you need these forms:

• Petition to Determine Succession to Real Property (DE-310)

• Inventory and Appraisal (DE-160)

• Inventory and Appraisal Attachment (DE-161)

• Transmittal Letter to Probate Referee

• Order Determining Succession to Real Property (DE-315)

• Notice of Hearing (Probate) (DE-120)

• Change of Ownership Statement, Death of Real Property Owner

• Claim for Reassessment Exclusion for Transfer Between Parent and Child (if applicable)

This procedure will also allow you to collect personal property, such as cash, stocks, or motor vehicles, as long as the estate is worth less than $150,000.

If the estate contains no real property and is worth less than $150,000, you need this form:

• Affidavit for Collection of Personal Property (not a court forms)

•For property that passes outright to a surviving spouse or registered domestic partner, you need these forms:

• Spousal or Domestic Partner Property Petition (DE-221)

• Spousal or Domestic Partner Property Order (DE-226)

• Notice of Hearing (Probate) (DE-120)

For those Estates over $150,000, when a formal probate procedure is required, my recommendation is to see an attorney.

Charlotte L. Ruse is a Kern County registered and bonded Legal Document Assistant (LDA), serving Kern County for 12 years by providing affordable self-help legal document preparation and Notary Public services. Kern County LDA #95 EXP. 10-1-17. I am not an attorney. I can only provide self-help services at your specific direction.

 
 

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