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Affidavit For Collection Of Personal Property California Probate Code: What You Should Know

The term “property” shall include any asset of value. No estate can pass or be created on behalf of the decedent which could not be distributed. The undersigned has filed to be a small estate in the office of the Probate Judge of the county of his or her residence in the state of California.  The undersigned will execute this affidavit and a statement or account of all property and assets received or held pursuant to these provisions for the purpose of determining the order and division of his or her property. (b) On or before the date of the date of his or her death, or if a minor, the date of his or her eighteenth birthday or, if the decedent has been dead for a period of five (5) years, the date of the decedent's death, the person shall register with the clerk of the court at the office of the Probate Judge of the county where the person was domiciled or last domiciled or where either the decedent or the decedent's surviving spouse resided for such three (3) years during which the decedent, at all times during which the person was domiciled in California, resided.  The person shall also execute a statement or account of all personal and movable property of the person and all the property acquired from or subject to the person by the person during such period of three (3) years and at all times during which the person was domiciled in California. The person shall also obtain a certified copy on the order of the Probate Judge. (a) The person shall prepare a written statement or account of all the property and assets the person received or held within the one-year period before the date of his or her death.

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