Legal Question in Wills and Trusts in California

Real Property of Small Value by Affidavit:

Do I need multiple affidavits for multiple heirs? My problem here is that the heirs each have different interest in the property [because of intestate law], and there is no place on the affidavit form [DE-305] to identify who gets what.

My understanding is that once the form is completed and have all the required attached documents [innovatory appraisal, death certificate, etc.], the court will issue a deed of some sort for it to be recorded. However, what will that deed say? Like will it just say "To all her heirs"? Confused.


Asked on 1/19/15, 9:32 am

1 Answer from Attorneys
Scott Jordan Jordan Law Office

No, you do not need multiple affidavits. You do not need to list who receives what because line 6b states each declarant receives a portion of the property in intestacy. Once the Affidavit is filed, you will then record it with the county recorder. After, you can then file an Intestate Transfer Deed transferring the property to each beneficiary.

You should ask for assistance from a local attorney to make sure the paperwork is completed properly.

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Answered on 1/19/15, 10:07 am


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