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Declaration Pursuant To California Probate Code §13100-13115: What You Should Know
The described property pursuant to California Probate Code § 135 2. Since [deceased] has not been declared a surviving estate, all title to the property is hereby transferred to [me/us], subject to the condition that the property be treated as personal property. 3. The decedent was entitled through a will to bequeath all the following: a. [Property] to me and to any [other] descendants of the decedent. The terms “descendants,” “descended from the decedent,” and “any descendants of the decedent” have the same meaning as in Cal. Probate Code §135. 4. [I/We] make this statement so that [him/her][them/hers] estate tax returns will reflect the change in the beneficiary of the estate. 5. [This statement is signed by the Personal Representative and, depending on the information furnished by the decedent's surviving spouse or survivors, the Estate Tax Return.] California Probate Code §135 6. The California Probate Code, §135, is hereby amended as follows: Cal CPR §13101. (A) A surviving spouse receives 10 per beneficiary from intestate succession with respect to the decedent's will. Cal CPR §13102. (B) The tax on the estate shall be: 1. [This tax is payable by the estate tax return of.] (a) [Personal Representative] if they are required by §13118(a) to file a tax return. 2. [The Estate Tax Return, if applicable.] if they are not required by §13118(a) to file a tax return. Cal CPR §13116. The tax shall be assessed against the estate at its valuation as if it were personal property. Cal CPR §13110. (C) [If applicable, estate tax returns may be filed] The tax shall be applied against the estate on the estate tax return. Cal CPR §13125. (D) The heirs of the decedent or other beneficiaries of the estate may make application to the court to waive the tax. An executor who receives an estate tax waiver application from a beneficiary must notify the Estate Tax Return, if applicable, and send a copy of the waiver application to the other heirs and beneficiaries of the decedent.
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