Sample Declaration Pursuant to California Probate Code §13100

The undersigned, ______[Name of declarant]___, declares as follows:

I am the successor in interest of decedent __[name of decedent]___, who died in

___[county]___, California, on _________, 199__.

At least 40 days have elapsed since the death of the decedent, as shown in the certified copy of the decedent's death certificate attached to this declaration.

[Either of the following, as appropriate]

No proceeding is now being or has been conducted in California for administration of the decedent's estate.

[Or]

The decedent's personal representative has consented in writing to the payment, transfer, or delivery to the declarant of the property described in this declaration.

The current gross fair market value of the decedent's real and personal property in California, excluding the property described in Section 13050 of the California Probate Code, does not exceed one hundred thousand dollars ($100,000).

The following [e.g., "account"] constitutes a portion of the property in decedent's estate: [describe property claimed by this declaration - e.g. "current balance in Savings account No 1234 at Big Bank, 1234 Main Street, Los Angeles"] .

[Select one of the following:]

Decedent died without a will and, under Section 6402 of the California Probate Code, I am decedent's sole heir at law and the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent's interest in the described property.

[Or]

Decedent left a Will and I am decedent's testate beneficiary of the described property.

No other person has a superior right to decedent's interest in the described property.

Pursuant to the facts set forth above and Section 13100 of the California Probate Code, I request that the [described property] be paid, transferred and delivered to the declarant.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: _________________

[Name of declarant]

[Attach a Notary form]

[Attach a certified copy of decedent's death certificate, inventory and appraisal if estate includes California real property, and, if applicable, evidence of decedent's ownership of the described property. If a will is in probate, also attach a copy of personal representative's consent and letters testamentary]