Outline
The California DE-305 form serves as an important legal document for those dealing with the estate of a deceased person, particularly when the estate includes real property valued at $55,425 or less. This form is designed for individuals who need to declare their right to inherit property without going through a lengthy probate process. It requires specific information about the decedent, such as their name, date of death, and the location of their death. Additionally, the form must include a certified copy of the decedent's death certificate and a detailed legal description of the real property in question. Those completing the form must also indicate their relationship to the decedent and confirm that no other parties have a superior claim to the property. To ensure accuracy, an inventory and appraisal of the decedent's real estate must be attached, prepared by a probate referee. Importantly, the DE-305 form also addresses the payment of funeral expenses and any known debts of the decedent, which must be settled before the property can be transferred. This form not only simplifies the process of transferring property but also protects the rights of heirs and ensures compliance with California probate laws.
Sample - California De 305 Form
4.
b.
Each declarant is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in
the real property described in item 5a, or signs this declaration on behalf of an entity that is a successor of decedent and to
decedent's interest in the real property, and no other person or entity has a superior right, because each declarant or entity is:
a.
b.
Names and addresses of each guardian or conservator of decedent's estate at date of death:
(*You must mail [or serve, per Prob. Code, § 1216] a copy of this affidavit and all attachments to each guardian or conservator
listed above. You may use Judicial Council form POS-030 for a proof of mailing or form POS-020 for a proof of personal service.)
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
DE-305 [Rev. January 1, 2020]
AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE
($55,425 or Less)
Probate Code, § 13200
www.courts.ca.gov
1.
2.
3.
a.
b.
6.
7.
8.
At least six months have elapsed since the date of death of decedent as shown
in the certified copy of decedent's death certificate attached to this affidavit.
(Attach a certified copy of decedent's death certificate.)
The gross value of decedent's interest in all real property located in California as shown by the attached Inventory and Appraisal—
excluding the real property described in Probate Code section 13050 (property held in joint tenancy or as a life estate or other
interest terminable upon decedent's death, property passing to decedent's spouse, property in a trust revocable by the decedent,
etc.)—did not exceed $55,425 as of the date of decedent's death.
Names Addresses
The legal description and the Assessor's Parcel Number (APN) of decedent's real property claimed by the declarant(s) are
provided on an attached page labeled Attachment 5a, "Legal Description." (Copy legal description exactly from deed or other
legal instrument.)
Decedent (name):
died on (date):
Decedent died at (city, state):
Decedent was domiciled in this county at the time of death.
Decedent was not domiciled in California at the time of death.
Decedent died owning real property in this county.
Decedent's interest in this real property is as follows (specify):
(will) a beneficiary that succeeded to the property under decedent's will. (Attach a copy of the will.)
(no will) a person who succeeded to the property under Probate Code sections 6401 and 6402.
none
are as follows:*
ATTORNEY OR PARTY WITHOUT ATTORNEY (name, address, and State Bar number):
TEL NO.:
After recording return to:
EMAIL ADDRESS:
FAX NO.:
ATTORNEY FOR (name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
FOR RECORDER'S USE ONLY
MATTER OF (name):
DECEDENT
CASE NUMBER:
AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE
($55,425 or Less)
DE-305
FOR COURT USE ONLY
a.5.
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)*
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)*
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
NOTARY ACKNOWLEDGMENT
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the instrument in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
(SIGNATURE OF NOTARY PUBLIC)
(SEAL)
CLERK'S CERTIFICATE
I certify that the foregoing, including any attached notary acknowledgments and any attached
legal description of the property (but excluding other attachments), is a true and correct copy of
the original affidavit on file in my office. (Certified copies of this affidavit do not include the
(1) death certificate, (2) will, or (3) inventory and appraisal. See Probate Code section 13202.)
Clerk, by , Deputy
DE-305 [Rev. January 1, 2020]
Page 2 of 2
AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE
($55,425 or Less)
11.
WITNESS my hand and official seal.
Funeral expenses, expenses of last illness, and all known unsecured debts of the decedent have been paid. (NOTE: You may
be personally liable for decedent's unsecured debts up to the fair market value of the real property and any income you receive
from it.)
(NOTE: No notary acknowledgment may be affixed as a rider (small strip) to this page. If addi-
tional notary acknowledgments are required, they must be attached as 8-1/2-by-11-inch pages.)
(NOTARY SEAL)
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
DE-305
No proceeding is now being or has been conducted in California for administration of decedent's estate.
10.
An Inventory and Appraisal of all of decedent's interests in real property in California is attached. The appraisal was made by a
probate referee appointed for the county in which the property is located. (You must prepare the Inventory on Judicial Council
forms DE-160 and DE-161. You may select any probate referee appointed for the county for the appraisal. The California State
Controller's Office has a list of all probate referees, shown by county on its website, and each court has a list of probate referees
appointed for its county. Check with the probate referee you select or consult an attorney for help in preparing the Inventory.)
* A declarant claiming on behalf of a trust or other entity should also state the name of the entity that is a beneficiary under the decedent's
will, and declarant's capacity to sign on behalf of the entity (e.g., trustee, Chief Executive Officer, etc.).
SIGNATURE OF ADDITIONAL DECLARANTS ATTACHED
STATE OF CALIFORNIA, COUNTY OF (specify):
On (date): , before me (name and title):
personally appeared (name(s)):
Date:
9.
CASE NUMBER:
MATTER OF (Name):
DECEDENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
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Form Information
| Fact Name | Details |
|---|---|
| Purpose | The California DE-305 form is used to provide an affidavit regarding real property owned by a decedent whose estate is valued at $55,425 or less. |
| Governing Law | This form is governed by the California Probate Code, specifically sections 13000 through 13202. |
| Eligibility Criteria | To use this form, at least six months must have passed since the decedent's death, and the decedent's estate must not exceed the specified value. |
| Attachments Required | Users must attach a certified copy of the decedent's death certificate and an inventory and appraisal of the real property. |
Detailed Guide for Filling Out California De 305
After gathering the necessary information, you are ready to fill out the California DE-305 form. This form is used to declare real property of small value, specifically for estates valued at $55,425 or less. Completing the form accurately is essential for the process to proceed smoothly.
- Begin by entering the name and address of the attorney or party without an attorney at the top of the form.
- Provide the telephone number, fax number, and email address of the attorney or party.
- Fill in the name of the individual for whom the attorney is acting.
- Include the street address, mailing address, city, and ZIP code for the Superior Court of California where the form is being submitted.
- Write the name of the decedent and the date of their death in the appropriate fields.
- Indicate the city and state where the decedent passed away.
- Attach a certified copy of the decedent's death certificate to the form.
- Check the box confirming that at least six months have elapsed since the decedent's death.
- Indicate whether the decedent was domiciled in the county at the time of death by checking the appropriate box.
- Provide the legal description and Assessor's Parcel Number (APN) of the decedent's real property on an attached page labeled "Attachment 5a, Legal Description."
- Specify the decedent's interest in the real property.
- Confirm that each declarant is a successor of the decedent and provide the necessary details regarding the will or intestate succession.
- If applicable, list the names and addresses of any guardians or conservators of the decedent's estate at the time of death.
- Attach an Inventory and Appraisal of all of the decedent's interests in real property in California.
- Confirm that no proceedings are currently being conducted for the administration of the decedent's estate.
- State that all funeral expenses, last illness expenses, and known unsecured debts have been paid.
- Sign and date the form, ensuring that the names of all declarants are printed or typed next to their signatures.
- Include any required notary acknowledgment if necessary.
Obtain Answers on California De 305
-
What is the purpose of the California DE-305 form?
The California DE-305 form is used to declare the ownership of real property belonging to a decedent who has passed away. Specifically, it applies when the total value of the real property is $55,425 or less. This form allows successors to claim the property without going through the full probate process.
-
Who can use the DE-305 form?
The DE-305 form can be used by individuals who are successors to the decedent's estate. This includes beneficiaries named in the decedent's will or those who inherit under California's intestacy laws if there is no will. It is important that each declarant has a valid claim to the property.
-
What information is required on the DE-305 form?
Key information includes:
- The decedent's name and date of death.
- The location where the decedent died.
- A certified copy of the decedent's death certificate.
- A legal description of the real property.
- The gross value of the decedent's interest in the property.
- Details regarding any guardians or conservators of the decedent's estate.
-
What attachments are needed with the DE-305 form?
When submitting the DE-305 form, include:
- A certified copy of the decedent's death certificate.
- The legal description of the property, which should be labeled as "Attachment 5a."
- An Inventory and Appraisal of the decedent's interests in real property, prepared using forms DE-160 and DE-161.
-
Are there any financial obligations that must be met before using the DE-305 form?
Yes, all funeral expenses, expenses related to the last illness, and known unsecured debts of the decedent must be paid. If these debts are not settled, the declarant may be personally liable up to the fair market value of the real property.
-
What happens if there is no will?
If the decedent did not leave a will, the DE-305 form can still be used. In this case, the declarant must demonstrate their right to inherit under California's intestacy laws, which dictate how property is distributed when someone dies without a will.
-
How do I ensure the DE-305 form is properly submitted?
To ensure proper submission, complete the form accurately and include all required attachments. Additionally, you must mail or serve a copy of the affidavit to any listed guardians or conservators. Consider consulting with an attorney if you have questions or need assistance in preparing the document.
Common mistakes
Filling out the California DE-305 form can be a straightforward process, but many make common mistakes that can delay or complicate matters. One frequent error is failing to attach the certified copy of the decedent's death certificate. This document is essential and must be included with the affidavit. Without it, the court may reject the submission.
Another mistake involves incorrectly stating the decedent's domicile at the time of death. It's crucial to clearly identify whether the decedent was domiciled in California or not. Misrepresenting this information can lead to legal complications and may affect the validity of the affidavit.
Many people overlook the requirement to provide a legal description of the real property. This description must be copied exactly from the deed or other legal documents. Errors or omissions in this section can cause confusion and may result in the rejection of the application.
Additionally, some individuals fail to list all necessary successors of the decedent. Each declarant must confirm their status as a successor and provide the required information. Omitting a successor or failing to clarify their relationship to the decedent can lead to issues with property claims.
Another common error is neglecting to ensure that all debts of the decedent have been paid. The form requires a declaration that funeral expenses and unsecured debts have been settled. If this is not accurately represented, the declarant may face personal liability for any outstanding debts.
People often misunderstand the appraisal requirement. The Inventory and Appraisal must be completed using the correct Judicial Council forms and must be conducted by a probate referee. Failing to follow these guidelines can lead to complications in the processing of the affidavit.
Lastly, not obtaining the necessary signatures can be a significant oversight. Each declarant must sign the form, and if claiming on behalf of an entity, they must also indicate their capacity. Missing signatures can result in the affidavit being deemed incomplete.
Documents used along the form
The California DE-305 form, known as the Affidavit Regarding Real Property of Small Value, is often accompanied by several other important documents. These documents help to establish the necessary legal framework for handling the decedent's estate and ensuring that all relevant information is accurately presented. Below is a list of forms and documents that are commonly used alongside the DE-305 form.
- Death Certificate: This official document confirms the date and cause of the decedent's death. A certified copy is typically required to be attached to the DE-305 form.
- Will: If the decedent left a will, a copy must be included with the DE-305 form. This document outlines the decedent's wishes regarding the distribution of their property.
- Inventory and Appraisal (DE-160 and DE-161): These forms provide a detailed account of the decedent's assets, including real property. They must be completed by a probate referee and attached to the DE-305 form.
- Proof of Mailing (POS-030): This form serves as evidence that the DE-305 form and its attachments were mailed to any guardians or conservators of the decedent's estate, as required by law.
- Proof of Personal Service (POS-020): Similar to the proof of mailing, this form documents that the DE-305 form was personally delivered to the relevant parties.
- Notary Acknowledgment: If required, this document verifies the identity of the individuals who signed the DE-305 form. It must be completed by a notary public.
- Clerk's Certificate: This certificate confirms that the DE-305 form and any attached documents are true and correct copies of the originals filed with the court.
- Affidavit of Heirship: In cases where the decedent did not leave a will, this document may be used to establish the legal heirs of the decedent’s estate.
- Petition for Probate: If the estate requires formal probate proceedings, this petition may be necessary to initiate the process in court.
These documents collectively support the process of transferring ownership of the decedent's real property and ensure compliance with California probate laws. Properly preparing and submitting these forms can help facilitate a smoother transition during what is often a challenging time for families and loved ones.
Similar forms
California DE-305A - Affidavit for Collection of Personal Property: Similar to the DE-305, this form allows successors to claim personal property of a decedent without going through probate, provided the total value is under a specified limit.
California DE-160 - Inventory: This form is used to list all assets of a decedent's estate, including real property, and is often required alongside the DE-305 to provide a complete picture of the estate's value.
California DE-161 - Appraisal: Like the DE-305, this form provides a formal assessment of the decedent's property value, which is crucial for determining eligibility for small estate procedures.
California DE-310 - Petition to Determine Succession to Real Property: This document is filed when a decedent's estate is larger than the limit for the DE-305, initiating a formal probate process for property transfer.
California DE-340 - Petition for Probate: This form starts the probate process and is necessary when the decedent has a will, contrasting with the DE-305, which is for smaller estates without formal probate.
California DE-295 - Affidavit of Death: This document serves as proof of a person's death and is often used in conjunction with the DE-305 to validate claims over property.
California Form POS-030 - Proof of Service: Used to show that all interested parties have been notified of the proceedings, similar to the requirements in the DE-305 for notifying guardians or conservators.
California Form POS-020 - Proof of Personal Service: Like the POS-030, this form confirms that specific individuals received documents related to the estate, ensuring transparency in the process.
California Form DE-121 - Notice of Hearing: This form is used to inform interested parties of upcoming hearings, which is essential in probate matters, similar to the notification requirements in the DE-305.
California Form DE-140 - Order for Probate: This document is issued by the court to officially appoint an executor or administrator, which is necessary for larger estates that cannot use the DE-305.
Dos and Don'ts
When filling out the California DE-305 form, attention to detail is crucial. Here are seven important dos and don'ts to keep in mind:
- Do ensure that all personal information, such as names and addresses, is accurate and complete.
- Do attach a certified copy of the decedent's death certificate as required.
- Do provide a clear legal description of the property, copying it exactly from the deed or other legal documents.
- Do confirm that at least six months have passed since the decedent's death before submitting the form.
- Don't forget to include the names and addresses of any guardians or conservators of the decedent's estate.
- Don't leave out the Inventory and Appraisal, which must be prepared using the appropriate Judicial Council forms.
- Don't neglect to sign and date the form, as unsigned documents may be rejected.
Misconceptions
- Misconception 1: The DE-305 form can be used for any value of real property.
- Misconception 2: You do not need to attach a death certificate.
- Misconception 3: All heirs can sign the DE-305 form without restrictions.
- Misconception 4: The DE-305 form does not require an inventory and appraisal.
- Misconception 5: You can submit the DE-305 form without notifying guardians or conservators.
This is incorrect. The DE-305 form is specifically designed for real property valued at $55,425 or less. Properties exceeding this value require different legal processes.
In fact, a certified copy of the decedent's death certificate must be attached to the DE-305 form. This is necessary to verify the date of death.
Only those who are recognized as successors to the decedent's interest in the property can sign this form. This includes beneficiaries named in a will or those who inherit under state law if no will exists.
This is misleading. An Inventory and Appraisal of the decedent's interest in real property must be attached. This document is essential to confirm the property’s value.
This is not true. If there are any guardians or conservators listed at the time of the decedent's death, a copy of the DE-305 form must be mailed or served to them.
Key takeaways
Filling out the California DE-305 form requires attention to detail and accuracy. Here are key takeaways to ensure proper completion and usage:
- Eligibility Criteria: The DE-305 form is specifically for estates with real property valued at $55,425 or less.
- Documentation Requirement: Attach a certified copy of the decedent's death certificate to the form.
- Property Description: Include a detailed legal description and Assessor's Parcel Number (APN) of the real property. This must be copied directly from the deed.
- Affidavit Signatures: All declarants must sign the affidavit, confirming their status as successors to the decedent's interest in the property.
- Inventory and Appraisal: An Inventory and Appraisal must be attached, prepared using Judicial Council forms DE-160 and DE-161.
- Debt Responsibility: Ensure that all funeral expenses and unsecured debts of the decedent have been paid, as you may be liable for these debts.
- Notary Requirement: A notary public must acknowledge the signatures on the form. Ensure that no notary acknowledgment is attached as a small rider.
Completing the DE-305 accurately is crucial for a smooth process in settling the decedent's estate. Ensure all requirements are met to avoid delays.