Ca SB-13100 Form 2014-2024

Ca SB-13100 Form: What You Should Know

The executor must obtain and sign an Affidavit for Collection of Personal Property Certificate (Affidavit) prior to transferring any property to the heirs. A signed affidavit by the executor must be in the name of the decedent's estate. The Affidavit must also state: The executor has obtained an opinion from an independent attorney authorized to practice law in California that there is no sufficient evidence to support the proposed disposition. The executor requests transfer to an attorney authorized to take actions for the benefit of the estate for review and decision. If an attorney is not appointed by the parties prior to the effective date of the estate, the probate court will appoint an attorney, or, if no attorney is appointed, the court will appoint an attorney who is able to represent the estate effectively. If the Probate Court determines in its discretion that there is sufficient evidence to support the petitioner's proposed disposition, the court will issue a Writ of Administration and assign the property in such a manner as to avoid possible abuse or misuse of the estate. After delivery of the probate proceedings, the estate, if any remains a single-owned estate, will be administered in the same manner as a single-owned estate under Probate Code §13108, except that, if the decedent had a spouse, children and parents (if any) then the estate, if any remains a single-owned estate in accordance with Sec. 13108.1 The executor of the estate may designate one or more persons to receive the property, and may delegate to any such person any of the powers and duties and duties incident to administration of the estate. The estate, if any remains a single-owned estate, will be administered in the same manner as a single-owned estate under Probate Code §13108, except that, if the decedent had a spouse, children and parents (if any) then the estate, if any remains a single-owned estate in accordance with Sec. 13108.1 The interstates of the decedent are responsible for making reasonable efforts to distribute the intestate's real and personal property, with the exceptions provided in Subdivision 4.2. If either the decedent or the decedents' estate fails to comply with these provisions, then, immediately upon notice of refusal, a guardian has the right to administer a decedent's property in accordance with this Part 4.2.

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