California Estates Not Requiring Probate

Small Estates - Joint Tenancy - Community Property - Life Estates


Affidavits of Death

Affidavit of Surviving Joint Tenant
Sworn statement by a joint tenant that another joint tenant has died. Has jurat form for use by notary. All formats show type of information needed to complete form.
$9.50
Affidavit - Death of Joint Tenant
Sworn statement by any person with knowledge of the death of a joint tenant. Has jurat form for use by notary. All formats show type of information needed to complete form.
$9.50
Affidavit of Surviving Spouse - Community Property with Right of Survivorship
Spouse succeeding to community property per California Civil Code section 682.1. This form to be recorded after death of a spouse where deed complies with community property with right of survivorship requirements. All formats show type of information needed to complete form.
$9.50
Affidavit of Surviving Spouse
Spouse succeeding to community property per California probate code section 13540. This form contains a statement that husband and wife considered the property in question to be community property (where title is not held as community property.)  Although there is legal authority for recording this form, you may want to follow up with a spousal property petition filed with the court.
$9.50
Affidavit of Death of Life Tenant
Declaration of remainer beneficiary that person with tenancy for life rights has died. All formats show type of information needed to complete form.
$9.50

Small Estates

Declaration Under Probate Code Section 13100-13116
Document to transfer assets in estates worth less than $100,000 without filing a formal probate action. The $100,000 limit applies to property subject to probate and there must be no real property. This form transfers funds from decedant's bank account.  All formats show type of information needed to complete form. Code sections are included.
$10.50
Checklist - Estate Asset Records
Two forms provided; a checklist of about 47 items which should be located to begin evaluating an estate for possible probate and a second checklist of assets which are frequently handled outside of probate. Adobe form is NOT computer fill-in.
$7.50
Estates Requiring Court Supervision - California Judicial Council Forms
  • Affidavit re Real Property of Small Value ($20,000 or Less) DE-305 - Download
  • Petition to Determine Succession to Real Property ( Estates $100,000 or Less) DE-310 - Download
  • Order Determining Succession to Real Property (Estates $100,000 or Less) DE-315 - Download

Correspondence

Request for Certified Copies of Death Certificate
Request directed to county vital statistics office for copies, certified or not, of a death certificate.
$8.50
Letter to Insurance Company regarding Life Insurance
Letter from beneficiary to insurance company requesting claim form for benefits of a life insurance policy.
$7.50

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