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Sample packet

A complete California affidavit packet

This is exactly what arrives on your private packet page and in your PDF.

The affidavit

The document the buyer signs — every statutory element filled from their answers, with the citations an institution's legal team can check.

DECLARATION FOR COLLECTION OR TRANSFER OF PERSONAL PROPERTY
California Probate Code Sections 13100–13101

I, Karen Mitchell, declare as follows:

1. DECLARANT IDENTITY

My name is Karen Mitchell. My address is 1015 39th Street, Sacramento, CA 95816. I am the daughter of the decedent named below and I am a beneficiary under her will.

2. DECEDENT

The decedent is Dorothy Mitchell. She died on May 20, 2026, in Sacramento County, California. Her last address was 482 Larkspur Lane, Sacramento, CA 95864.

3. WAITING PERIOD

At least 40 days have elapsed since the date of death of the decedent. The 40-day period was satisfied on June 29, 2026.

4. DOLLAR LIMIT — GROSS ESTATE VALUE

The gross value of all real and personal property in California belonging to the decedent at the time of death, excluding any property described in California Probate Code Section 13050 and any property included in a petition filed under California Probate Code Section 13151, does not exceed $208,850, which is the applicable dollar limit under California Probate Code Sections 13100–13101 as adjusted pursuant to the triennial CPI adjustment mechanism described in California Probate Code Section 890.

The total estimated value of the assets described in this declaration is $17,000.

5. NO PROBATE PROCEEDING

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

6. SUCCESSOR'S ENTITLEMENT

I am the successor of the decedent as that term is used in California Probate Code Section 13100. I claim the property described below as a beneficiary under the will of Dorothy Mitchell. That will has not been filed with any court.

No other person has a superior right to the property described in this declaration.

7. PROPERTY CLAIMED

The following personal property of the decedent is claimed under this declaration:

a. Funds on deposit in a checking account at Golden 1 Credit Union, account ending in 4821, with an estimated value of approximately $9,000.

b. Household furnishings and personal effects located at or associated with the decedent's last address, 482 Larkspur Lane, Sacramento, CA 95864, with an estimated value of approximately $1,500.

8. FUNERAL AND BURIAL EXPENSES

Funeral and burial expenses in the amount of $3,800 have been paid or are owed in connection with the death of Dorothy Mitchell.

9. DEMAND

By this declaration, I request that the holder of each item of property described above pay, deliver, or transfer that property to me pursuant to California Probate Code Section 13100.

10. ATTACHMENTS

Attached to this declaration are:

a. A certified copy of the death certificate of Dorothy Mitchell.

b. Form DE-300 (Rev. April 28, 2025), Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration, which is a mandatory attachment for deaths occurring on or after April 1, 2022.

11. DECLARATION UNDER PENALTY OF PERJURY

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

Executed on [TO BE COMPLETED: insert the date you sign this declaration], at [TO BE COMPLETED: insert the city and state where you are signing].


_______________________________________
Karen Mitchell, Declarant
1015 39th Street
Sacramento, CA 95816

What to do, in order

The state's mechanics, sequenced: waiting period, signatures, notarization, and where the papers go.

WHAT TO DO, IN ORDER

This sheet walks you through each step for California's institution-presented small-estate procedure under California Probate Code Sections 13100–13101. These papers are never filed with any court.

Step 1 — Confirm the waiting period has passed.

The 40-day waiting period required by California Probate Code Section 13100 is satisfied on June 29, 2026. Do not present these papers to any institution before that date.

Step 2 — Obtain a certified copy of the death certificate.

You will need at least one certified copy of Dorothy Mitchell's death certificate. If you need additional certified copies for more than one institution, obtain enough copies before you begin presenting the packet. Certified copies are available from the agency that issued the certificate; the brief does not name a specific office, so contact the issuing authority directly for ordering instructions.

Step 3 — Obtain form DE-300.

Form DE-300 (Rev. April 28, 2025), titled Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration, is a mandatory attachment. It is a Judicial Council form. Because Dorothy Mitchell died on May 20, 2026, which is on or after April 1, 2022, this form must accompany every presentation of this packet. Obtain the current version from the California Courts official website or a courthouse self-help center.

Step 4 — Complete the declaration.

Fill in the date and place of signing on the signature line of the affidavit (Section 11). Review every paragraph to confirm the facts are accurate. Do not sign yet.

Step 5 — Sign the declaration.

Sign the declaration in the space provided. Notarization is not required under California Probate Code Section 13100. No witnesses are required. You are the only person who must sign because you are the sole successor claiming the property listed.

Step 6 — Assemble the packet for each institution.

For each institution you will visit, prepare a set that includes:
- The signed declaration (this document)
- One certified copy of the death certificate
- Form DE-300 (Rev. April 28, 2025)
- Any identification you ordinarily carry, such as a government-issued photo ID

Step 7 — Present the packet directly to each institution.

Bring the assembled packet to the holder of each asset — for example, to Golden 1 Credit Union for the checking account ending in 4821, and to whoever holds the household furnishings and personal effects. California Probate Code Section 13100 directs the holder to pay, deliver, or transfer the property to the successor upon receipt of the affidavit or declaration. No court filing is required at any point in this process.

Step 8 — Keep copies for your records.

Before presenting any documents, make copies of everything in the packet for your own records.

Note regarding the 2014 Honda Civic: This packet does not include steps for the vehicle. Please see the Per-Asset Checklist for an explanation.

Per-asset checklist

What to bring for each account, vehicle, or asset listed.

ASSET 1 — Golden 1 Credit Union Checking Account, ending 4821
Estimated value: approximately $9,000

Procedure: California Probate Code Sections 13100–13101, institution-presented.
Where to go: Golden 1 Credit Union, the holding institution.
What to bring:
- Signed declaration (this packet)
- Certified copy of the death certificate of Dorothy Mitchell
- Form DE-300 (Rev. April 28, 2025)
- Your government-issued photo identification
When: On or after June 29, 2026 (40 days from May 20, 2026).
Court filing required: No.
Notarization required: No.
Notes: California Probate Code Section 13100 directs the holder to pay, deliver, or transfer the funds to the successor upon presentation of the affidavit or declaration, the death certificate, and form DE-300. The institution may have its own internal procedures; ask a representative what they need when you arrive.

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ASSET 2 — 2014 Honda Civic
Estimated value: approximately $6,500

This packet does not include steps for the 2014 Honda Civic. Our verified data does not cover the California procedure for transferring a vehicle through a small-estate process. The institution or agency that handles vehicle titles in California, or the state's official resources, can describe the process that applies to this vehicle. Do not rely on this packet for the vehicle transfer.

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ASSET 3 — Household Furnishings and Personal Effects
Estimated value: approximately $1,500

Procedure: California Probate Code Sections 13100–13101, institution-presented.
Where to go: The person or institution currently holding the property.
What to bring:
- Signed declaration (this packet), which describes the furnishings and personal effects and states your entitlement as beneficiary under the will
- Certified copy of the death certificate of Dorothy Mitchell
- Form DE-300 (Rev. April 28, 2025)
- Your government-issued photo identification
When: On or after June 29, 2026 (40 days from May 20, 2026).
Court filing required: No.
Notarization required: No.
Notes: The declaration describes the property and states your entitlement. Present the packet to whoever is holding the items. If there is any question about which items are included, be prepared to describe or list them specifically.

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COMBINED ASSET TOTAL (listed assets only): approximately $17,000, which is below the applicable $208,850 limit under California Probate Code Sections 13100–13101.

At the counter

A short script for a teller who hasn't seen this procedure before.

Hello. My name is Karen Mitchell. I am the beneficiary under the will of Dorothy Mitchell, who passed away on May 20, 2026. I am here to present a declaration for collection of personal property under California Probate Code Sections 13100 through 13101, which is California's small-estate affidavit procedure. I have with me the signed declaration, a certified copy of the death certificate, and form DE-300, which is the mandatory attachment required by that statute. I would be grateful if you could let me know who I should speak with to complete this transfer.
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EstateClaim is an automated document-preparation tool — not a law firm, and not legal advice. It never promises that any institution or court will accept a document. For advice about your specific situation, consult a licensed probate attorney.