Q: His ID says he lived in Orange County he resided in Palm Springs but died traveling in Montana. Can we file a 13100?
Full time RVer used Orange as mailing address we were physically in Palm Springs. Most assets either were spousal or had beneficiaries so under the 150 000 threshold. Also spouse and 4 children to sign and not all in the same place. Can one sign in front of notary, forward to the next to repeat till all have signed? Do all signatures go on 13100 with notary papers stapled behind.
A:
I believe the answer to your question is a simple "yes".
The probate form 13100 affidavit allows for a formal request of property to be delivered or transferred to the successor.
Excluding property described in Section 13050, if the gross value of the decedent’s real and personal property in California does not exceed $166,250 and if 40 days have elapsed since the decedent’s death, the successor may, without procuring letters of administration or awaiting probate of the will, do any of the following with respect to one or more particular items of property:
(a) collect any particular item of property that is money due to the decedent;
(b) receive any particular item of property that is the tangible personal property of the decedent;
(c) have any particular item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred, whether or not secured by a lien on real property.
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