Declaration Under Probate Code Section 13101 - California

Declaration Under Probate Code Section 13101 is a legal document that was released by the California State Controller’s Office - a government authority operating within California.

FAQ

Q: What is a Declaration Under Probate Code Section 13101?
A: A Declaration Under Probate Code Section 13101 is a legal document used in California to declare the small estate of a deceased person.

Q: When is a Declaration Under Probate Code Section 13101 used?
A: It is used when the total value of the deceased person's assets does not exceed $166,250.

Q: Who can use a Declaration Under Probate Code Section 13101?
A: The surviving spouse, domestic partner, or heirs of the deceased person can use it.

Q: What information is included in a Declaration Under Probate Code Section 13101?
A: It includes information about the deceased person, their assets, and the value of the estate.

Q: What is the purpose of a Declaration Under Probate Code Section 13101?
A: The purpose is to simplify the process of transferring assets of a small estate without going through formal probate proceedings.

Q: Are there any limitations on using a Declaration Under Probate Code Section 13101?
A: Yes, the deceased person must have been dead for at least 40 days, and there can be no other open probate proceeding for their estate.

Q: Can a Declaration Under Probate Code Section 13101 be used for real estate?
A: No, it cannot be used for real estate. It is only applicable for personal property with a total value of less than $166,250.

Q: Do I need legal assistance to complete a Declaration Under Probate Code Section 13101?
A: While it is not required, consulting with an attorney can help ensure that the form is completed correctly and all legal requirements are met.

Q: What happens after a Declaration Under Probate Code Section 13101 is filed?
A: Once filed, the court will review the declaration, and if everything is in order, the assets can be transferred to the designated beneficiaries.

Q: Are there any fees associated with filing a Declaration Under Probate Code Section 13101?
A: Yes, there are filing fees associated with submitting the declaration to the probate court.

Q: How long does it take for a Declaration Under Probate Code Section 13101 to be processed?
A: The processing time can vary, but it generally takes a few weeks for the court to review and approve the declaration.

Q: Can a Declaration Under Probate Code Section 13101 be contested?
A: Yes, it can be contested if there are valid reasons to believe that the declaration is incorrect or fraudulent.

Q: What should I do if I have questions or need assistance with a Declaration Under Probate Code Section 13101?
A: You should reach out to the probate court or consult with an attorney for guidance and assistance.

Q: Is a Declaration Under Probate Code Section 13101 the same as a full probate process?
A: No, a Declaration Under Probate Code Section 13101 is a simplified alternative to a full probate process for small estates.