We are recovering insurance money for a deceased recipient. The deceased assets are in a trust.
Full Question:
Answer:
Generally, the estate of a decedent is probated where the decedent resided at the time of death. The forms used need to comply with the laws of the state where the property is probated. Real property located in another state may need to be probated in that state. Therefore, if all the property is located in California, California forms should be used.
In California, the small estate affidavit is signed by the successor of the decedent or someone authorized under to act on behalf of the successor of the decedent, such a an agent under a power of attorney, trustee, or guardian.
The following is the CA definition of successor:
"Successor of the decedent" means:
(a) If the decedent died leaving a will, the sole beneficiary or
all of the beneficiaries who succeeded to a particular item of
property of the decedent under the decedent's will. For the purposes
of this part, a trust is a beneficiary under the decedent's will if
the trust succeeds to the particular item of property under the
decedent's will.
(b) If the decedent died without a will, the sole person or all of
the persons who succeeded to the particular item of property of the
decedent under Sections 6401 and 6402 or, if the law of a sister
state or foreign nation governs succession to the particular item of
property, under the law of the sister state or foreign nation.
The small estate affidavit may be signed by more than one person. There may be more than one affidavit required, depending on the assets of the decedent. For example, if the decedent owned real property worth not more than $20,000, a separate affidavit may be filed to transfer the real estate. Please see the statutes at the links below for applicability.
Please see the information at the following links:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13200-13210
http://lawdigest.uslegal.com/wills-and-estates/small-estates/
http://lawdigest.uslegal.com/estate-planning/intestacy/
http://definitions.uslegal.com/p/probate/
http://definitions.uslegal.com/h/heirship-affidavit/
http://definitions.uslegal.com/i/intestate/
Please see the form at the following link:
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-CA-B-small~estate
Thank You,
Dana
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