Avoiding Probate: How to Fill Out a California Small Estate Affidavit 

This is the exact reason I’m here too

So sorry for your loss

Me as well sorry for your loss

same here

Thank you! I do this form so much and get so many questions about it, I thought I'd just help everyone out by walking through it. Glad the vid is useful.

Thank you for acknowledging that. We are dealing with immense grief on top of all of this estate, legal stuff. It’s so overwhelming sometimes, and people tend to forget that we are suffering immensely.

Hi Joel, have you received any reply from Grant? How did you fill out that section?

@@tuyenchung987 Hello Tuyen, No I’ve never had a reply, but what I did was filled out by writing in each check and from whom and the amount. Example: Checks, AAA $900, XYZ Corp. $400, NCR Corp. 220.39, and so forth. I then had it notarized and the the bank accepted it and all was fine. Best of luck to you. Joel

@@joelcordeiro2079 so the bank let you cash those checks from your own account? The bank doesn’t required decentent must have an account with them? Please help thanks !

@@tuyenchung987 Hi Tuyen, What I did was open an account with the bank of which I was later going to deposit the checks. A week later I took the notarized affidavit to the bank and the checks to deposit them, not cash them! You want the bank to be comfortable that you’re not possibly setting them up. The manager usually has a limit so he or she does not need corporate approval, thus I kept that deposit within her limit of 5,000.00 and deposited them. You can always do more later if needed. BTW, to make her more comfortable, I brought the death certificate which was required, the will of my friend and any other legal papers just in case. My deposit was smooth and no issues.

@@joelcordeiro2079 Hi Joel, so you opened the bank account under your name only?

if you are the beneficiary on the account, send the death certificate to the bank and they will release the funds

I believe Grant is referring to a notary form called a JURAT - this form has the "penalty of perjury" statement, and he suggested one use that instead of the "Acknowlegement" form that is attached to the pdf online.

Small property means small estate

I am also wondering the same question?

This one can get tricky. I'd say to refer to local counsel.

That's usually just a form letter they try to stuff down your throat. Small estate affidavit should work in that circumstance.

Not legal advice. It is likely that the order from the probate has an "omnibus" clause in it that says any assets not handled in the probate are to be distributed as per the probate order. Usually using that order will get the funds disbursed. You can get a copy of the order by contacting the Sacramento Probate Court.

Hey, sorry for your loss. I'm in the same situation, did you find a solution by any chance?

Did you ever get any information on this i am in the same situation.

I am in the same situation, any information would be appreciated.

Not legal advice. This language works for me: Dear [financial institution] [Decedent’s Name] has passed away and the total value of her estate is less than $166,500.00. I am presenting you with a Small Estate Affidavit to transfer Decedent’s property from [state account w/specificity, ie Bank of America Checking Plus Account 35325325325] to Decedent’s successors in interest. Please be advised that California Probate Code§§ 13100- 13115 provides for a summary procedure to transfer property owned by a decedent to a claimant when the value of the decedent's estate is less than $166,500. When presented with an Affidavit complying with California Probate Code§§ 13100 - 13115 and a Certified Death Certificate, the holder of the property of the decedent is required to deliver the property to the claimant. Included in the Affidavit is a hold harmless clause that will indemnify the holder of property against any and all claims that the holder of the property wrongfully transferred the property of the decedent to the claimant. California Probate Code § 13105(b) provides a remedy if the holder of the property refuses a demand for transfer to the claimant after the required papers are presented. The claimant may file a lawsuit or a petition in the probate court seeking an order directing the holder to release the asset if the property holder refuses to pay, deliver, or transfer the decedent's assets within a reasonable time. Part of the remedy is a mandatory award of attorney fees if the court finds that the property holder acted unreasonably.

@@granttoeppen158 Hi Glenn, I noticed in this letter it states 166+ instead of the 150,00.00 Is there a reason for this? Thanks again for your video.Also, How do we sign this?

@@TeenieTinyToni I have been researching how to conduct small estate affidavit as well as my uncle died last year in California but his successors live in Maine. Talk about confusing! California changed the amount of the real and personal property under Section 13050 of the CA Probate Code does not exceed $166,250 (no longer $150,000 - it appears that Grant created this video two years ago and that bit changed.

@@TeenieTinyToni The allowed amount was increased although I'm not sure exactly when that happened

Not legal advice - but typically you need the bank account number and a completed Small Estate Affidavit. Here's a link to the form: saclaw.org/wp-content/uploads/2015/01/form-affidavit-for-collection-of-personal-property.pdf