California Probate Code § 859 is a tool in every probate litigator’s arsenal which authorizes courts to impose a monetary penalty of “twice the value of the property recovered” against the wrongdoer in certain litigation cases. in California, excluding the property described in section 13050 of the California Probate Code, does not exceed one hundred and fifty thousand dollars ($150,000). The property to be delivered to me is: _____ 7. What is California Probate Code § 859? No other person has a superior right to the decedent's interest in the described property. 6. John S. Lv 7. No other person has a superior right to the interest of the decedent in the described property. provisions of California Probate Code §13100 (attach additional sheets if necessary): 6. 9. PART 4. California Probate Code Section 13100 is part of the California state law regarding the acquiring of property under a certain value by a successor from the estate of a decedent. See California Government Code 21337 (b) The trustee of a trust may act on behalf of the trust. ADMINISTRATION OF ESTATES OF DECEDENTS PART 4. No other person has a superior right to the interest of the decedent in the described property. 8. land, a house, etc) generally cannot be transferred via the California Small Estate Administration process (see section 13115 of the California Probate Code ). Under section 13050 of the California Probate Code, some items are excluded and do not count towards the $150,000.00 limit at all. 6. Please refer to the California Probate Code section 13051 and 13006 for more information. The undersigned is/are successor(s) of the decedent to the decedent’s interest in the described property, or Sec. Section 7, 8 and 9: In signing the form, you declare the statements in Sections 7, 8 and 9 are true. GENERAL PROVISIONS (9000-9004) (6348) (1-click HTML) 9000. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: _____ 7. 9. The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property. 2011 California Code Probate Code DIVISION 8. 9. california probate code jan. 1, 2012 - do not file with the court - Sections 13006, 13050-13051, 13100-13116 (b) If the evidence of ownership is not presented to the holder pursuant to subdivision (a), the holder may require,  The undersigned is/are successor(s) of the decedent to the decedent’s interest in the described property, or  The undersigned is/are authorized under California Probate Code Section 13051 to act on behalf of the The successor(s) of the decedent, as defined in Probate Code §13006, is/are: 7. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: _____ 7. /// /// /// /// /// Died on 20 in the county of state of california. CREDITOR CLAIMS. 6. The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent's interest in the described property. I am:  a successor(s) of the decedent OR  authorized under Probate Code §13051 to the decedent’s interest in the to act on … 10. California Laws - Probate Code DIVISION 7. California Probate Code section 13100: _____ 6. No other person has a superior right to the interest of the decedent in the described property. The name of the successor of the decedent (as definedin Section 13006 of the California Probate Code) to the described. California Probate Code Section 13000 CA Prob Code § 13000 (2017) Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. PROBATE CODE SECTION 4120-4130 4120. No other person has a superior right to the interest of the decedent in the described property. The name of the successor(s) of the decedent (as defined in Probate Code Section 13006) to the described property is/are: _____The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the 0 0. The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: _____ 7. Code § 13006, see flags on bad law, and search Casetext’s comprehensive legal database Prob. The name of the successor of the decedent (as defined in section 13006 of the California Probate Code) to the described property is: I request that the above-described property be paid, delivered or transferred to me. Name of decedent died on date of death in the county of california. No other person has a superior right to the interest of the decedent in the described property. 6. Here’s a quick guide. former Section 2400 of the Civil Code, as enacted by Chapter 511 of the Statutes of 1981, or with former Section 2510 of the Civil Code, is as valid as if it had been executed using a printed form that complies with Section 4128 of this code. § 13006 “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. Pursuant to the facts set forth above and Sections 13100-13115 of the California Probate Code, I request that the Real property (e.g. (B) The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent s interest in the described property. Is/are authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. Subdivision (a) concerns that right given by a will; subdivision (b) concerns that right as provided by law when there is no will. 9. 7. California Probate Code 13006. Read Section 13006 - Successor of the decedent, Cal. (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.” 8 years ago. OR authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. Definitions Section 13006 The successor(s) of the decedent, as defined in Probate Code Section 13006, is/are: 7. provisions of California Probate Code Section 13100: _____ _____ _____ (Attach additional sheets if necessary.) 13006 of the California Probate Code) to the decedent’s interest in the described property, OR (B) The affiant/declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property. California Probate Code Section 13006 "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. The declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent’s interest in the described property. The successor(s) of the decedent, as defined in Probate Code § 13006 is/are: 8. (B) The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent s interest in the described property. Signature and Date: All claimants must print their name, sign, and date this form. The affiant or declarant is the successor of the decedent [as defined in California Probate Code §13006] to the decedent’s interest in the described property. Source(s): https://shrinke.im/a8tME. In the case of a trust that is subject to continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the trustee may act on behalf of the trust without the need to obtain approval of the court. but declarant has the superior right under California Probate Code Section 6402 to inherit the described property.] CREDITOR CLAIMS (6347) (1-click HTML) CHAPTER 1. Either of the following, as appropriate: • Theaffiantor declarant is the successor of the decedent (as definedin Section 13006 of the California Probate Code) tothe decedent’s interest in the described property. It is applicable after a period of 40 days, according to the Legislative Counsel of California. The statute concerns who is to be considered to have a legal right to property after a person's death. 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