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The California DE-305 form serves as an important legal document for individuals dealing with the estate of a deceased person, particularly when the estate includes real property valued at $55,425 or less. This affidavit allows successors of the decedent to claim ownership of the real property without going through the lengthy probate process. Key elements of the form include the decedent's details, the legal description of the property, and the declaration that no other individual has a superior claim to the property. Additionally, the form requires that at least six months have passed since the decedent's death and that all known debts and expenses related to the estate have been settled. It is also necessary to attach a certified copy of the death certificate and an inventory and appraisal of the property, which must be completed by an appointed probate referee. By completing the DE-305 form, individuals can facilitate the transfer of property ownership while adhering to California's probate laws.

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Probate Code, § 13200 www.courts.ca.gov

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]

AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE

($55,425 or Less)

DE-305

MATTER OF (Name):

DECEDENT

CASE NUMBER:

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:

 

 

 

 

 

 

 

 

 

(TYPE OR PRINT NAME)*

 

 

(SIGNATURE OF DECLARANT)

 

 

 

 

 

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.)

Date:

Clerk, by

, Deputy

 

DE-305 [Rev. January 1, 2020]

AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE

($55,425 or Less)

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Form Specifications

Fact Name Details
Purpose of DE-305 This form is used to declare the small value of real property owned by a decedent, specifically when the total value does not exceed $55,425.
Governing Law The DE-305 form is governed by the California Probate Code, particularly sections 13200 and 13050.
Eligibility Criteria To use this form, at least six months must have passed since the decedent's death, and the decedent must have owned real property in California.
Property Value Limit The total gross value of the decedent's interest in all real property must not exceed $55,425 as of the date of death.
Successor Definition A successor is defined under Probate Code section 13006 as someone who inherits the decedent's property, either through a will or by law.
Required Attachments Attach a certified copy of the decedent's death certificate and an Inventory and Appraisal of the property, prepared using Judicial Council forms DE-160 and DE-161.
Affidavit Declaration The declarant must declare under penalty of perjury that the information provided in the form is true and correct.
Notification Requirement If there are guardians or conservators, a copy of the affidavit must be mailed or served to them as per Probate Code section 1216.
Notary Acknowledgment While a notary acknowledgment is required, it cannot be affixed as a small strip. It must be attached on a full 8.5-by-11-inch page.

California De 305: Usage Guidelines

Completing the California DE 305 form requires careful attention to detail. This affidavit is essential for claiming real property of small value belonging to a decedent. Follow the steps below to ensure that you fill out the form correctly.

  1. Obtain the Form: Download the California DE 305 form from the California Courts website or obtain a physical copy from the local courthouse.
  2. Fill in Your Information: At the top of the form, provide your name, address, telephone number, fax number, and email address. Include your State Bar number if you are an attorney.
  3. Indicate the Court Information: Fill in the name of the Superior Court, the county, the street address, mailing address, city, and ZIP code.
  4. Complete the Decedent Information: Enter the decedent's name and the date and place of their death.
  5. Attach the Death Certificate: Include a certified copy of the decedent's death certificate with the form.
  6. Confirm Domicile: Indicate whether the decedent was domiciled in the county at the time of death.
  7. Provide Property Details: Attach a page labeled "Attachment 5a" with the legal description and Assessor's Parcel Number (APN) of the real property.
  8. Specify Interest: Clearly state the decedent's interest in the real property.
  9. List Successors: Identify each declarant as a successor of the decedent and indicate if they are a beneficiary under a will or a person succeeding under Probate Code sections 6401 and 6402.
  10. Provide Guardian or Conservator Information: If applicable, list the names and addresses of any guardians or conservators of the decedent’s estate at the time of death.
  11. Attach Inventory and Appraisal: Ensure that an Inventory and Appraisal of the decedent's interests in real property is attached, prepared on Judicial Council forms DE-160 and DE-161.
  12. Confirm No Estate Proceedings: State that no proceedings are being conducted in California for the administration of the decedent's estate.
  13. Declare Payment of Debts: Confirm that all funeral expenses, last illness expenses, and known unsecured debts have been paid.
  14. Sign the Affidavit: Each declarant must type or print their name and provide a signature. Include the date of signing.
  15. Notarize the Document: Have the affidavit notarized. Ensure that the notary acknowledgment is completed correctly, as additional pages may be required.

Once the form is completed and notarized, you can submit it to the appropriate court. Make sure to keep copies of all documents for your records. Following these steps carefully will help ensure that your submission is accurate and complete.

Your Questions, Answered

What is the purpose of the California DE-305 form?

The California DE-305 form is used to claim real property of small value, specifically when the total value does not exceed $55,425. This affidavit allows successors to transfer ownership of the decedent's property without going through a lengthy probate process. It simplifies the process for those who need to settle the estate quickly and efficiently.

Who can file the DE-305 form?

The DE-305 form can be filed by individuals who are successors to the decedent's estate. This includes beneficiaries named in a will or those who inherit under California law if there is no will. Each person filing must have a legitimate claim to the property and should ensure that no one else has a superior right to the property.

What information is required on the DE-305 form?

When filling out the DE-305 form, you will need to provide details about the decedent, including their name, date of death, and the location of death. You must also attach a certified copy of the death certificate. Additionally, you will need to include the legal description of the property, the Assessor's Parcel Number (APN), and information about any debts or expenses related to the decedent's estate.

Is there a deadline for filing the DE-305 form?

There is no specific deadline for filing the DE-305 form, but it is advisable to do so as soon as possible after the decedent's death. At least six months must pass from the date of death before filing. This waiting period allows for any potential claims against the estate to be resolved before transferring the property.

What happens after I submit the DE-305 form?

Once you submit the DE-305 form, the court will review it. If everything is in order, the court will accept the affidavit, allowing you to proceed with the transfer of the property. It is important to keep copies of all documents submitted and received for your records. You may also need to notify any guardians or conservators of the decedent's estate, if applicable.

Can I get help with filling out the DE-305 form?

Yes, assistance is available. You can consult with an attorney or a legal consultant who specializes in probate matters. They can guide you through the process, ensuring that you complete the form accurately and meet all necessary requirements. Additionally, resources are available through local court websites and legal aid organizations.

Common mistakes

  1. Missing Information: One common mistake is leaving out required details, such as the decedent's name or the date of death. Ensure all fields are filled out completely.

  2. Incorrect Legal Description: Providing an inaccurate legal description of the property can lead to complications. Always copy the legal description directly from the deed or other legal documents.

  3. Failure to Attach Required Documents: Not including necessary attachments, like the certified copy of the death certificate or the will, is a frequent error. These documents are essential for the affidavit to be valid.

  4. Incorrect Value Assessment: Underestimating or overestimating the gross value of the decedent's real property can result in legal issues. Ensure that the value does not exceed $55,425 and is accurately assessed.

  5. Not Notarizing the Document: Failing to have the affidavit notarized is a critical oversight. The document must be signed in front of a notary public to be legally binding.

  6. Improper Mailing or Service: Not mailing or serving a copy of the affidavit to each guardian or conservator listed can lead to disputes. Follow the instructions for proper service to avoid complications.

  7. Ignoring Deadline Requirements: Delaying the filing of the affidavit beyond the required time frame can jeopardize the process. Be aware of any deadlines associated with the filing.

  8. Not Consulting a Professional: Attempting to complete the form without guidance can lead to mistakes. Consulting an attorney or a knowledgeable professional can help ensure accuracy and compliance.

Documents used along the form

The California DE-305 form, known as the Affidavit Regarding Real Property of Small Value, is often accompanied by several other documents to ensure a smooth probate process. Each of these forms serves a specific purpose in the administration of a decedent's estate. Below is a list of commonly used documents that accompany the DE-305 form.

  • Death Certificate: This document serves as official proof of the decedent's death. It must be attached to the DE-305 form to confirm that at least six months have passed since the date of death.
  • Will: If the decedent left a will, a copy must be submitted along with the DE-305 form. This document outlines the decedent's wishes regarding the distribution of their assets.
  • Inventory and Appraisal (Forms DE-160 and DE-161): These forms detail the decedent's real property interests and their estimated values. They must be prepared by a probate referee and attached to the DE-305 form.
  • Proof of Mailing or Personal Service (Forms POS-030 or POS-020): These forms demonstrate that all guardians or conservators listed in the DE-305 form have been properly notified about the affidavit and its contents.
  • Notary Acknowledgment: This document verifies the identity of the individuals who signed the DE-305 form. It ensures that the signatures are authentic and that the signers acted in their authorized capacities.
  • Clerk's Certificate: This certificate confirms that the DE-305 form and any attached documents are true and correct copies of the originals on file with the court.

These documents collectively help establish the legal framework necessary for the efficient handling of the decedent's estate. Ensuring all forms are completed accurately and submitted together can prevent delays and complications in the probate process.

Similar forms

  • California DE-140: This form is used for a petition for probate of a will. Like the DE-305, it addresses the transfer of property after death, but it initiates the formal probate process rather than affirming a small value transfer.
  • California DE-160: This is the Inventory and Appraisal form. It is similar in that it provides a detailed listing of the decedent's assets, which is also required for the DE-305 to support the claim of property value.
  • California DE-161: This form is a supplemental inventory form used alongside DE-160. It helps to detail additional assets, similar to how the DE-305 requires a comprehensive overview of the decedent's real property.
  • California DE-111: This is a petition for letters of administration. It is similar to DE-305 in that both deal with the administration of a decedent's estate, although DE-111 is for larger estates requiring formal administration.
  • California DE-120: This form is a petition for probate of a will and for letters testamentary. It serves a similar purpose to DE-305 but applies when the decedent left a will, requiring a more formal probate process.
  • California Form POS-030: This is a proof of service form. It is similar in that it ensures that all interested parties, such as guardians or conservators, are notified, as required in the DE-305.
  • California Form POS-020: This is another proof of personal service form. Like POS-030, it verifies that all necessary parties received the required documents, maintaining compliance with notification rules outlined in the DE-305.

Dos and Don'ts

When filling out the California DE-305 form, it is essential to follow specific guidelines to ensure the process runs smoothly. Below is a list of things you should and shouldn't do.

  • Do attach a certified copy of the decedent's death certificate to the affidavit.
  • Do ensure that at least six months have passed since the decedent's death.
  • Do provide the legal description and Assessor's Parcel Number (APN) of the real property.
  • Do confirm that all known unsecured debts and expenses have been paid.
  • Do use the appropriate Judicial Council forms for the Inventory and Appraisal.
  • Don't forget to include the names and addresses of any guardians or conservators of the decedent's estate.
  • Don't leave out details regarding the decedent's interest in the real property.
  • Don't submit the form without ensuring no other proceedings are ongoing for the administration of the estate.
  • Don't neglect to sign the affidavit, as this is crucial for its validity.

Misconceptions

Understanding the California DE-305 form can be tricky. Here are some common misconceptions that people have about this form:

  • The DE-305 is only for wealthy individuals. Many believe this form is only for those with significant assets. In reality, it applies to estates with real property valued at $55,425 or less.
  • You don't need a death certificate. Some think they can skip this requirement. However, a certified copy of the decedent's death certificate must be attached to the affidavit.
  • All heirs must sign the DE-305. It's a common belief that every heir needs to sign the form. Only those who are successors to the decedent's interest in the property need to sign.
  • The form can be submitted anytime after death. Many people assume there’s no time limit. In fact, at least six months must pass since the decedent's death before filing the DE-305.
  • You must hire a lawyer to file the DE-305. Some think legal representation is mandatory. While it can be helpful, individuals can file the form on their own.
  • The DE-305 is the same as a probate filing. People often confuse the DE-305 with probate proceedings. This form is specifically for small estates and avoids the full probate process.
  • Only one property can be claimed on the DE-305. It’s a misconception that this form limits you to one property. Multiple properties can be included as long as their combined value is $55,425 or less.
  • You don’t need an appraisal for the property. Some believe that an appraisal isn’t necessary. However, an Inventory and Appraisal must be attached, showing the property's value.

Clearing up these misconceptions can help ensure the process goes smoothly. Proper understanding of the DE-305 form can save time and reduce stress during an already challenging period.

Key takeaways

When filling out and using the California DE-305 form, keep these key takeaways in mind:

  • Eligibility Criteria: This form is specifically for cases where the decedent's real property is valued at $55,425 or less.
  • Required Attachments: Always attach a certified copy of the decedent's death certificate and an Inventory and Appraisal of the property.
  • Successor Declaration: Each person completing the form must be a successor to the decedent’s interest in the property, as defined by California law.
  • Debts and Expenses: Ensure that all funeral expenses and known unsecured debts have been paid. You may be liable for these debts up to the property's value.
  • Notary Requirement: The form must be signed in front of a notary public, who will verify the identity of the signers.
  • File with the Court: After completing the form, file it with the appropriate Superior Court in California. Keep a copy for your records.