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California Probate Code 13100 Form: What You Should Know
This page shows you how to use probate codes to force your spouse to transfer personal property to you in a small estate. For California Probate Code 13104, you must file your affidavit prior to 20 days from the decedent's death, or 40 days from the decedent's death if after the affidavit is recorded an administrative hearing is not ordered. You filed your affidavit before 40 days have elapsed (or 8 days if the hearing is not ordered when you file). You must follow the following instructions when you file your affidavit: Include: A list of all personal property for which probate is requested. If an administrative hearing is required, a copy of the certified transcript of the hearing. List which asset is in each estate, including the current value, and the date of the decedent's death. A list of all personal property for which probate is requested that is exempt from probate under California Civil Code Section 626. All personal property in one estate that is exempt from probate under Civil Code Section 626 must be exempt in both estates. The probate process begins with a simple declaration. You must provide information as to the total value of property in the decedent's estate when you file your affidavit.
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