Hello and welcome to another edition of Coffee Talk with attorney Brian D Lerner. In this particular episode, I'd like to talk about the affidavit of small estate. What is it? When can you use it? Why would you want to use it? Well, as anybody who's ever been through either a probate or a trust administration knows, it takes a very long time to do anything. If you have to go to probate, it's necessary to prepare the probate papers to get the court case opened. There are 30 different things you have to do to properly get the probate administered. You have to get all kinds of orders from the judge as to who gets what, declarations, and so forth. If you're doing the trust administration, well, it doesn't involve a probate and clearly is more preferred than going to probate. Trust administration itself takes time. There's the division of all the property, finding out who owes what, the value of the property following the declaration of trust to make sure everything is properly divided. If you're represented by attorneys, then the attorneys go back and forth negotiating. So, if there was a way to get a distribution easier, of course, you would take it, right? Let's say, for example, there's a bank account and the original settler died. Now, you want to get, let's say, $30,000 or $20,000 in some bank account somewhere, and you don't want to have to go through the expense of opening a probate. Or let's say there was no living trust, no trust at all. How can you get the money without having to start formal proceedings? Well, you can do what's called a small affidavit of estate. What this basically is, is if the value of the estate is less than $150,000, then you can...
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California Small Estate affidavit – de-310 Form: What You Should Know
Decedent's Will (Affidavit Re: Sep 1, 2024 — (Include a copy of the decedent's Will, Form DE-200, Petition to Determine Succession to Real Property if one exists, when completed. Decedent's Will (Affidavit for Recovery of Personal Property California Probate No proceeding is now being or has been conducted in California for administration of the decedent's estate. OR. The decedent's personal representative has discharged the rights and liabilities of the estate, or is otherwise ready to do so, by executing a valid will and is now ready to take care of the remainder of the decedent's estate. Decedent's Will (Affidavit for Recovery of Personal Property California Probate No proceeding is now being or has been conducted in California for administration of the decedent's estate. OR. The decedent's personal representative has discharged the rights and liabilities of the estate, or is otherwise ready to do so, by executing a valid will and is now ready to take care of the remainder of the decedent's estate. Decedent's Will (Affidavit for Recovery of Personal Property California Probate No proceeding is now being or has been conducted in California for administration of the decedent's estate. OR. The decedent's personal representative has discharged the rights and liabilities of the estate, or is otherwise ready to do so, by executing a valid will and is now ready to take care of the remainder of the decedent's estate. Decedent's Will (Affidavit for Recovery of Personal Property California Probate No proceeding is now being or has been conducted in California for administration of the decedent's estate. OR. The decedent's personal representative has discharged the rights and liabilities of the estate, or is otherwise ready to do so, by executing a valid will and is now ready to take care of the remainder of the decedent's estate. Decedent's Will (Affidavit for Recovery of Personal Property California Probate No proceeding is now being or has been conducted in California for administration of the decedent's estate. OR.
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Video instructions and help with filling out and completing California Small Estate affidavit – form de-310
