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Fee: from $149.00

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AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY
Fee: $149

The We The People Affidavit for Collection of Personal Property form can be used to collect the personal property assets of a deceased person under the following conditions:

  • The gross value of the decedent's estate (including real and personal property) is less than $150,000.
  • No one in California or any other state has filed any papers with a court asking to be the decedent's personal representative.
  • If the decedent owned real property as an individual, an inventory and appraisal has been completed and signed by an appointed Probate Referee.
  • The person(s) signing the affidavit/declaration is the person entitled to collect the property and no one else has a superior right to the property.
  • At least 40 days have passed (or will have passed) since the death of the decedent.
  • The decedent was a resident of California.

Personal property can include items such as insurance policy proceeds, bank accounts, mutual funds, mobile homes (if not permanently affixed to land), and rented storage units. Once signed and properly notarized, the We The People Affidavit for Collection of Personal Property (along with a certified copy of the death certificate, evidence that the decedent owned the property, and – if appropriate - the completed Inventory and Appraisal) can be presented to the holder of the property.

Depending upon the institution holding the property, it may not be familiar with California's Affidavit for Collection of Personal Property process and may require "letters" or "Letters Testamentary." You may want to check with the institution in advance to ensure that it will accept the Affidavit. If not, you may want to review the features of the We The People Letters of Administration and/or Probate of Will and Letters Testamentary packages

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INVENTORY AND APPRAISAL
Fee: $249

The We The People Inventory and Appraisal Package can be used when the assets of a decedent, minor, or conservatee need to be inventoried and appraised. We The People Inventory and Appraisal Package includes the following standard forms:

  • Inventory and Appraisal
  • Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property/Proof of Service (if required)

An Inventory and Appraisal is a complete listing of the assets of the decedent, minor, or conservatee as of a certain point in time. In the matter of a deceased person, for example, the assets are listed as of the day of death. Non-cash assets (real property, vehicles, etc.) are appraised by a California approved probate referee who, in some situations, will have already been appointed by the Court. If there is real property involved, a copy of the most recently recorded quitclaim or grant deed showing the full legal description of the property will be required to complete the documents.

It may be appropriate to have an inventory and appraisal completed prior to determining what process to use to transfer title to real or personal property. You may also want to review the features of other We The People packages involving the transfer of property in a decedent's estate; these packages generally include the preparation of an Inventory and Appraisal in conjunction with other documents.

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PROBATE WITH WILL
PLEASE CONTACT OUR OFFICE FOR FEES

The We The People Probate with Will Package can be used to transfer title of real and personal property of any value. The Probate with Will Package is for use with decedent's estates where the decedent died with a will and there is an executor named in the will who is willing to act in that capacity.

The We The People Probate with Will Package can be used with any size estate and any type of property. The Package can be used in any situation where Letters Testamentary are needed to settle the estate of deceased person who died with a will and there is an executor named in the will who is willing to act in that capacity. Please note that We The People cannot assist in matters involving a "joint" will.

Administering the estate of a deceased person usually takes six to nine months; there is a mandatory 120-day creditor claim period that begins when the Administrator is issued Letters Testamentary. It can also take several months to obtain a hearing depending on the County in which the Petition is filed.

There are many steps to be taken during the process - including publishing the notice of administration in the Legal Notice section of the local newspaper where the decedent died. It is the responsibility of the Petitioner to make sure that publication happens in the right newspaper and done in a timely manner. This is a very important step and must happen before the first hearing. It can also be very costly and the charge for publication is separate from the amount paid to We The People. There will also be court filing fees that are separate from the amount paid to We The People.

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PROBATE WITHOUT WILL
PLEASE CONTACT OUR OFFICE FOR FEES

The We The People Probate without Will Package can be used to transfer title of real and personal property of any value. The Probate without Will Package is for use with decedent's estates where the decedent died without a will.

The We The People Probate without Will Package can be used with any size estate and any type of property. The Package can be used in any situation where Letters of Administration are needed to settle the estate of deceased person who died without a will.

Administering the estate of a deceased person usually takes six to nine months; there is a mandatory 120-day creditor claim period that begins when the Administrator is issued Letters of Administration. It can also take several months to obtain a hearing depending on the County in which the Petition is filed.

There are many steps to be taken during the process - including publishing the notice of administration in the Legal Notice section of the local newspaper where the decedent died. It is the responsibility of the Petitioner to make sure that publication happens in the right newspaper and done in a timely manner. This is a very important step and must happen before the first hearing. It can also be very costly and the cost of publication is separate from the amount paid to We The People®. There will also be court filing fees that are separate from the amount paid to We The People.

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LETTERS OF ADMINISTRATION WITH WILL ANNEXED
PLEASE CONTACT OUR OFFICE FOR FEES

The We The People Letters of Administration with Will Annexed Package can be used to transfer title of real and personal property of any value. The Letters of Administration package is for use with decedent's estates where the decedent died with a will, but the will either does not name an executor or the named executors choose not to serve in that capacity (for example, due to death, disability, location, etc.).

The We The People of Administration Package with Will Annexed Package can be used with any size estate and any type of property. The Package can be used in any situation where Letters are needed to settle the estate of deceased person. Please note that We The People cannot assist in matters involving a "joint" will.

Administering the estate of a deceased person usually takes six to nine months; there is a mandatory 120-day creditor claim period that begins when the Administrator is issued Letters of Administration. It can also take several months to obtain a hearing depending on the County in which the Petition is filed.

There are many steps to be taken during the process - including publishing the notice of administration in the Legal Notice section of the local newspaper where the decedent died. It is the responsibility of the Petitioner to make sure that publication happens in the right newspaper and done in a timely manner. This is a very important step and must happen before the first hearing. It can also be very costly and the cost of publication is separate from the amount paid to We The People®. There will also be court filing fees that are separate from the amount paid to We The People.

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SPOUSAL OR DOMESTIC PARTNER PROPERTY TRANSFER
Fee: $599

The We The People Spousal or Domestic Partner Property Transfer Package can be used to transfer title of real and personal property of any value to the surviving spouse or domestic partner of a deceased person. It is a simplified type of probate, and takes much less time (and is less costly) than a formal probate.

The We The People Spousal or Domestic Partner Property Transfer Package can be used regardless of whether or not the decedent had a will. The We The People Spousal Spousal or Domestic Partner Property Transfer Package is for use with decedent's estates where the decedent's property was held, for example, without a particular designation but the surviving spouse or domestic partner believes it should transfer to the survivor without having to go through formal court administration. Transfer of property between a decedent and surviving spouse that was held as "community property" or "community property with rights of survivorship" may be accomplished using a We The People Affidavit of Death of Spouse form.

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TRANSFER OF REAL PROPERTY VALUED AT $50,000 OR LESS PACKAGE
Fee: $499

The We The People Transfer of Real Property Valued at $50,000 or Less Package can be used to transfer title of real property under the following conditions:

  • At least six months have passed (or will pass) since the death of the decedent.
  • No probate proceedings are pending or have been conducted in California.
  • The decedent's funeral expenses, last illness expenses, and all unsecured debts have been (or will be) paid.

The transfer process occurs in two steps: Step One is the completion of the Inventory and Appraisal. Once the value of the real property is confirmed as being less than $50,000, the Affidavit Re: Real Property of Small Value can be prepared. If the property is appraised at more than $50,000 there may be other We The People packages that can assist you in transferring title to the real property to the heirs of the decedent.

All parties claiming an interest in the decedent's property must sign the Affidavit. Once properly signed and notarized, the Affidavit (along with a certified copy of the decedent's death certificate, a copy of the Inventory and Appraisal, and a copy of the decedent's will, if appropriate) may be presented to the Court in the County where the decedent was a resident at the time of death. If the decedent was not a California resident, the Affidavit should be filed in the County where the real property is located.

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TRANSFER OF REAL PROPERTY VALUED AT $150,000 OR LESS PACKAGE
Fee: $599

The We The People Transfer of Real Property Valued at $150,000 or Less Package can be used to transfer title of real and personal property under the following conditions:

  • At least forty days have passed (or will pass) since the death of the decedent.
  • No probate proceedings are pending or have been conducted in California.
  • The gross value of the real and personal property in the decedent's estate does not exceed $150,000.

The transfer process occurs in two steps: Step One is the completion of the Inventory and Appraisal. Once the value of the estate is confirmed as being less than $150,000, the remaining forms in the package can be prepared. If the estate is appraised at more than $150,000 there may be other We The People packages that can assist you in transferring title to the real property to the heirs of the decedent.

All parties claiming an interest in the decedent's property must sign the Petition. Once properly signed and notarized, the Petition (along with a certified copy of the decedent's death certificate, a copy of the Inventory and Appraisal, and a copy of the decedent's will, if appropriate) may be

filed in Court in the County where the decedent was a resident at the time of death. If the decedent was not a California resident, the Petition should be filed in the County where the real property is located.

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* The fees above do not include filing, recording, or courier service fees.

MORE ABOUT PROBATE

Probate is a legal process that takes place in court after someone dies (deceased person) which deals with:

  • Identifying the deceased person's assets/property
  • Collecting all assets/property   
  • Having the assets/property appraised
  • Proving in court that a deceased person's will (if any) is valid, which the court decides upon
  • Taking care of the financial responsibilities of the deceased person, by paying financial obligations (debt, taxes, etc.)
  • Distributing and transferring the remaining assets/property of the deceased person to the heirs or beneficiaries pursuant to the Will (or state law, if there's no will).

The court, in a probate case, appoints an executor (if there is a will) or an administrator (if there is no will) as a personal representative to collect the assets, pay the debts, financial obligations, and expenses, and then distribute the remaining assets/property to the heirs or beneficiaries (those who have the legal right to inherit). The court supervises the entire process. The entire case can take between 9 to 18 months, but at times it may take even longer.

The We The People Probate Packages can be used to transfer title of real and personal property of any value. The Probate without Will Package is for use with decedent's estates where the decedent died without a will. The Probate with Will Package is for use with decedent's estates where the decedent died with a will and there is an executor named in the will who is willing to act in that capacity.

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