San Antonio, TX asked in Estate Planning, Foreclosure and Probate for California

Q: San Diego, CA, HUD Reverse Mortgage foreclosed at auction.

Military Lawyer confirmed estate under 100K didn't need probate. I'm the sole heir, 3 siblings, will distribute when process complete. Trustee says after the auction, their might be excess money available for the heirs. Trustee says "since there was no probate please submit the proper probate form that pertains to the Small Estate less than $150K. Siblings will need to complete the form as well or submit a notarized waiver of claim to the funds." What are these forms, and where can I get them.

1 Lawyer Answer
Bruce Adrian Last
Bruce Adrian Last
  • Estate Planning Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: San Antonio, TX:

I am a bit confused about the status of the heirs. You state that you are the sole heir, but have three siblings.

The form you want is called an "affidavit for collection of personal property." There are many examples online if you search for the form name.

However, I advise you to consult with an attorney before you submit the form due to your statement that you are the sole heir but have three siblings. If you do not know where to find an attorney, I would try the county bar association for the county of the Decedent's residence. Most county bar associations offer a attorney referral service that offers no or low cost consultations.

The attorney can let you know the ins and outs of using the procedure, for example if you use the affidavit procedure you remain liable to the Decedent's creditors up to the amount of the Decedent's property you receive. The attorney can also let you know about MediCal estate recovery claims as well.

Best of luck.

1 user found this answer helpful

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