The California DE-305 form is an Affidavit Regarding Real Property of Small Value, designed for individuals handling the estate of a decedent who owned real property valued at $55,425 or less. This form allows successors to claim ownership of the property without the need for formal probate proceedings, streamlining the process during what can be a difficult time. For those needing to fill out this form, please click the button below to get started.
The California DE-305 form serves a crucial function in the probate process, specifically addressing the transfer of real property belonging to a deceased individual whose estate falls under the small value threshold of $55,425 or less. Designed for use by successors of the decedent, this affidavit allows individuals to claim ownership of real property without undergoing formal probate proceedings. The form requires essential information, including the decedent's name, date of death, and the location of the property. Additionally, it necessitates that at least six months have passed since the decedent's death, ensuring that all debts and obligations have been settled before the property can be transferred. The DE-305 also mandates the inclusion of a legal description of the property and an inventory and appraisal, which must be conducted by a probate referee. This ensures that the value of the property is accurately assessed and documented. By completing this form, successors can affirm their right to the property, provided they meet the necessary criteria outlined in California's probate laws.
DE-305
ATTORNEY OR PARTY WITHOUT ATTORNEY (name, address, and State Bar number):
After recording return to:
TEL NO.:
FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
FOR RECORDER'S USE ONLY
MATTER OF (name):
CASE NUMBER:
DECEDENT
AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE
FOR COURT USE ONLY
($55,425 or Less)
1.Decedent (name): died on (date):
2.Decedent died at (city, state):
3.At least six months have elapsed since the date of death of decedent as shown in the certified copy of decedent's death certificate attached to this affidavit. (Attach a certified copy of decedent's death certificate.)
4.a. Decedent was domiciled in this county at the time of death.
b. Decedent was not domiciled in California at the time of death. Decedent died owning real property in this county.
5.a. The legal description and the Assessor's Parcel Number (APN) of decedent's real property claimed by the declarant(s) are provided on an attached page labeled Attachment 5a, "Legal Description." (Copy legal description exactly from deed or other legal instrument.)
b.Decedent's interest in this real property is as follows (specify):
6.Each declarant is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in the real property described in item 5a, or signs this declaration on behalf of an entity that is a successor of decedent and to decedent's interest in the real property, and no other person or entity has a superior right, because each declarant or entity is:
a. (will) a beneficiary that succeeded to the property under decedent's will. (Attach a copy of the will.)
b. (no will) a person who succeeded to the property under Probate Code sections 6401 and 6402.
7. Names and addresses of each guardian or conservator of decedent's estate at date of death:
none
are as follows:*
Names
Addresses
(*You must mail [or serve, per Prob. Code, § 1216] a copy of this affidavit and all attachments to each guardian or conservator listed above. You may use Judicial Council form POS-030 for a proof of mailing or form POS-020 for a proof of personal service.)
8.The gross value of decedent's interest in all real property located in California as shown by the attached Inventory and Appraisal— excluding the real property described in Probate Code section 13050 (property held in joint tenancy or as a life estate or other interest terminable upon decedent's death, property passing to decedent's spouse, property in a trust revocable by the decedent,
etc.)—did not exceed $55,425 as of the date of decedent's death.
Form Adopted for Mandatory Use Judicial Council of California DE-305 [Rev. January 1, 2020]
MATTER OF (Name):
9.An Inventory and Appraisal of all of decedent's interests in real property in California is attached. The appraisal was made by a probate referee appointed for the county in which the property is located. (You must prepare the Inventory on Judicial Council forms DE-160 and DE-161. You may select any probate referee appointed for the county for the appraisal. The California State Controller's Office has a list of all probate referees, shown by county on its website, and each court has a list of probate referees appointed for its county. Check with the probate referee you select or consult an attorney for help in preparing the Inventory.)
10.No proceeding is now being or has been conducted in California for administration of decedent's estate.
11.Funeral expenses, expenses of last illness, and all known unsecured debts of the decedent have been paid. (NOTE: You may be personally liable for decedent's unsecured debts up to the fair market value of the real property and any income you receive from it.)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(TYPE OR PRINT NAME)*
(SIGNATURE OF DECLARANT)
Date:
SIGNATURE OF ADDITIONAL DECLARANTS ATTACHED
*A declarant claiming on behalf of a trust or other entity should also state the name of the entity that is a beneficiary under the decedent's will, and declarant's capacity to sign on behalf of the entity (e.g., trustee, Chief Executive Officer, etc.).
NOTARY ACKNOWLEDGMENT
(NOTE: No notary acknowledgment may be affixed as a rider (small strip) to this page. If addi-
tional notary acknowledgments are required, they must be attached as 8-1/2-by-11-inch pages.)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA, COUNTY OF (specify):
On (date):
, before me (name and title):
personally appeared (name(s)):
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the instrument in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
(NOTARY SEAL)
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY PUBLIC)
(SEAL)
CLERK'S CERTIFICATE
I certify that the foregoing, including any attached notary acknowledgments and any attached legal description of the property (but excluding other attachments), is a true and correct copy of the original affidavit on file in my office. (Certified copies of this affidavit do not include the
(1) death certificate, (2) will, or (3) inventory and appraisal. See Probate Code section 13202.)
Clerk, by
, Deputy
DE-305 [Rev. January 1, 2020]
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Completing the California DE-305 form involves several steps to ensure that all necessary information is accurately provided. This affidavit is used in probate matters related to real property of small value. Following these instructions carefully will help in the proper submission of the form.
After completing the form, ensure that all attachments are included and that the document is submitted according to the court's requirements. It is advisable to keep copies of all documents for your records.
What is the California DE-305 form?
The California DE-305 form is an affidavit used to claim real property of small value, specifically when the total value does not exceed $55,425. This form is typically utilized in probate situations where the decedent has passed away, and their estate needs to be settled without going through a full probate process.
Who should use the DE-305 form?
The DE-305 form is intended for successors of a decedent, such as beneficiaries named in a will or individuals who inherit property under state law when there is no will. If you are a successor and the decedent owned real property in California valued at $55,425 or less, this form may be appropriate for you.
What information is required on the DE-305 form?
Key information needed includes the decedent's name, date of death, and location of death. You must also provide a legal description of the real property, the Assessor's Parcel Number (APN), and details about the decedent's estate. Additionally, you will need to confirm that six months have passed since the decedent's death and that all debts and expenses have been settled.
Is a death certificate required when filing the DE-305 form?
Yes, a certified copy of the decedent's death certificate must be attached to the DE-305 form. This document serves as proof of the decedent's passing and is a crucial part of the filing process.
What happens if there is no will?
If the decedent did not leave a will, the DE-305 form can still be filed. In this case, the property will pass according to California's intestate succession laws, which dictate how assets are distributed among heirs. The form allows successors to claim their inherited property even without a will.
Can the DE-305 form be used for any type of property?
The DE-305 form specifically addresses real property, such as land or buildings. It cannot be used for personal property or other types of assets. If the decedent's estate includes personal property, different procedures may apply.
What is the role of a probate referee in this process?
A probate referee is responsible for appraising the decedent's real property to determine its value. This appraisal must be attached to the DE-305 form and is essential for confirming that the total value of the property does not exceed the $55,425 threshold required for this affidavit.
Are there any filing fees associated with the DE-305 form?
While there may not be a specific fee for filing the DE-305 form itself, there could be fees related to obtaining a certified copy of the death certificate or other documents. It's advisable to check with the local court for any applicable fees that may arise during the filing process.
Filling out the California DE-305 form, which is used for claiming real property of small value after a decedent's death, can be a straightforward process. However, many people make common mistakes that can delay or complicate the proceedings. Understanding these pitfalls can help ensure a smoother experience.
One frequent mistake is failing to attach the necessary documentation. The DE-305 requires a certified copy of the decedent's death certificate. Without this essential document, the court may reject the affidavit. Moreover, if the decedent left a will, a copy must also be included. Neglecting to provide these documents can lead to unnecessary delays in the process.
Another common error involves inaccuracies in the legal description of the property. The form requires a precise legal description and the Assessor's Parcel Number (APN) of the real property. Providing incorrect or incomplete information can create confusion and potentially invalidate the claim. It is crucial to copy the legal description exactly from the deed or other legal instruments.
Many individuals also overlook the requirement to list all known unsecured debts of the decedent. The DE-305 form states that all funeral expenses and debts must be paid. If these obligations are not addressed, the court may question the validity of the affidavit. It is essential to ensure that all debts are settled before submitting the form.
In addition, some people mistakenly believe that they do not need to notify guardians or conservators of the decedent’s estate. The DE-305 specifically states that a copy of the affidavit must be mailed or served to each guardian or conservator listed. Failing to do so can lead to legal complications and may result in the court dismissing the affidavit.
Lastly, individuals often forget to sign the form correctly. Each declarant must sign and print their name as required. If the signatures are missing or not properly executed, the affidavit may be deemed incomplete. Ensuring that all signatures are in place is a simple yet vital step in the process.
By avoiding these common mistakes, individuals can enhance their chances of successfully filing the DE-305 form. Careful attention to detail and thorough preparation can make a significant difference in navigating the complexities of probate law.
The California DE-305 form serves as an affidavit regarding real property of small value, specifically for cases where the gross value of the property does not exceed $55,425. This form is often accompanied by several other documents that help clarify the decedent's estate and facilitate the transfer of property to the rightful heirs or successors. Below are a few key documents that are frequently used alongside the DE-305 form.
Incorporating these documents with the DE-305 form is essential for a smooth probate process. Each of these forms plays a vital role in ensuring that the decedent's property is transferred legally and in accordance with their wishes. By preparing and submitting these documents together, successors can navigate the complexities of estate management more effectively.
The California DE-305 form is used to declare the small value of a decedent's real property. Several other documents serve similar purposes in estate management and property transfer. Here’s a list of documents that are comparable to the DE-305 form:
When filling out the California DE-305 form, it’s crucial to be careful and thorough. Here are some important dos and don'ts to keep in mind:
The California DE-305 form is an important document used in probate cases, specifically for handling the real property of a deceased person when the total value is $55,425 or less. However, several misconceptions about this form can lead to confusion. Here are four common misunderstandings:
Understanding these misconceptions can help individuals navigate the probate process more effectively and ensure that they are using the DE-305 form correctly.
Filling out and using the California DE-305 form is a crucial step for individuals dealing with the estate of a deceased person, especially when the value of the real property is small. Here are some key takeaways to keep in mind:
Understanding these key points can help streamline the process of managing a decedent's estate and ensure compliance with California probate laws.