California Probate Form DE-305

Affidavit Re Real Property Of Small Value ($55,425 Or Less)

Everything you need to know about California Form DE-305, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related CA probate forms.

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About Affidavit Re Real Property Of Small Value ($55,425 Or Less)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Re Real Property Of Small Value ($55,425 Or Less) is a commonly used form within California. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Make a sworn statement to the court that the value of all real property in California in a deceased person’s estate is $55,425 or less.

Atticus Fast Facts About Affidavit Re Real Property Of Small Value ($55,425 Or Less)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Re Real Property Of Small Value ($55,425 Or Less):

  • This form pertains to the State of California

  • The official California source for this form is here.

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about California’s Form DE-305 - Affidavit Re Real Property Of Small Value ($55,425 Or Less) up to date, certain details can change from time-to-time with little or no communication.

How to file Form DE-305

Step 1 - Download the correct California form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some California probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form DE-305, take a break, and then review. Probate and estate settlement processes in CA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form DE-305 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form DE-305 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Re Real Property Of Small Value ($55,425 Or Less) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Affidavit Re Real Property Of Small Value ($55,425 Or Less) is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in California.

5 reasons you should submit DE-305 as quickly as possible:

  1. The sooner you begin, the faster California can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in California. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of California is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for California probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local California probate clerk or court for exact answers regarding Form DE-305, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form DE-305 Online

Affidavit Re Real Property Of Small Value ($55,425 Or Less) is one of the many probate court forms available for download through Atticus.

It may also be available through some California probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within California.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form DE-305 - Affidavit Re Real Property Of Small Value ($55,425 Or Less) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the California probate court office.

Affidavit Re Real Property Of Small Value ($55,425 Or Less) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any California-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

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Did you know?

  • Form DE-305 - Affidavit Re Real Property Of Small Value ($55,425 Or Less) is a probate form in California.

  • Make a sworn statement to the court that the value of all real property in California in a deceased person’s estate is $55,425 or less.

  • California has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in California.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in California, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Affidavit Re Real Property Of Small Value ($55,425 Or Less)

Make a sworn statement to the court that the value of all real property in California in a deceased person’s estate is $55,425 or less.

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form DE-305

Here’s the text, verbatim, that is found on California Form DE-305 - Affidavit Re Real Property Of Small Value ($55,425 Or Less). You can use this to get an idea of the context of the form and what type of information is needed.

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. NamesAddresses 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. Print this formSave this formClear this form For your protection and privacy, please press the Clear This Form button after you have printed the form.

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