Free DE-310 PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY (Probate) - California


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Date: June 24, 2009
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State: California
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http://www.courtinfo.ca.gov/forms/documents/de310.pdf

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Preview DE-310 PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY (Probate)
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. :
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

Index No.
FOR COURT USE ONLY

DE-310

TELEPHONE AND FAX NOS.:

: Plaintiff(s)
ATTORNEY FOR (Name):

Calendar No.

: : : :

JUDICIAL SUBPOENA

-against-

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

MATTER OF (Name):

Defendant(s) : ......................................................
DECEDENT

PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY (Estates $100,000 THE PEOPLE OF THE STATE OF NEW YORK or Less) And Personal Property

CASE NUMBER:

HEARING DATE:

TO
1. Petitioner (name of each person claiming an interest):

DEPT.:

TIME:

2.

3. 4. 5. 6.

7.

requests a determination that the real property and personal property described in item 11 is property passing to GREETINGS: petitioner and that no administration of decedent's estate is necessary. Decedent (name): WE a. Date of death: COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court b. Place of death (city, state): At least 40 days have elapsed since the date of decedent's death. located at County of a. in room Decedent was a on the of this county at the time of 20 , resident day of , death. , at o'clock in the noon, and at any recessed b. or adjourned date, nottestify andof California at the time of death. this action on the partproperty in this county. Decedent was to a resident give evidence as a witness in Decedent died owning of the Decedent died intestate testate and a copy of the will and any codicil is affixed as Attachment 5 or 12a. No proceeding for the administration of decedent's estate is being conducted or has been conducted in California. a. b. Decedent's personal representative's consent to use the procedure provided by Probate Code section 13150 et seq. is attached asfailure to comply with this subpoena is punishable as a contempt of court and will make you liable to Your Attachment 6b. Proceedings for the administration of decedent's estate in another jurisdiction the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a a. have not result of your been commenced. failure to comply. have been commenced and completed. b. (Specify state, county, court, and case number):

Witness, Honorable , one of the Justices of the 8. TheCourt in gross value of all real and personal property in decedent's estate located in California as shown by the Inventory and Appraisal County, day of , 20
attached to this petition, excluding the property described in Probate Code section 13050 (joint tenancy, property passing to decedent's spouse, etc.), does not exceed $100,000. (Attach an Inventory and Appraisal (form DE-160) as Attachment 8.) 9. a. The decedent is survived by (check at least one box in each of items (1)-(3)) (Attorney must spouse deceased no spouse as follows: spouse divorced or never married sign above and type name below) (1) natural or adopted (2) no child child as follows: natural adopted by a third party (3) issue of a predeceased child no issue of a predeceased child is not survived by a stepchild or foster child or children who would have been adopted by decedent is b. Decedent Attorney(s) for but for a legal barrier. (See Prob. Code, § 6454.) 10. (Complete if decedent was survived by (1) a spouse but no issue (only a or b apply); or (2) no spouse or issue. Check the first box that applies.) Decedent is survived by a parent or parents who are listed in item 14. a. b. Decedent is survived by a brother, sister, or issue of a deceased Office and P.O. all of whom are listed in item 14. brother or sister, Address Decedent is survived by other heirs under Probate Code section 6400 et seq., all of whom also listed in item 14. c. Decedent is survived by no known next of kin. d. 11. Attachment 11 contains (1) the legal description of decedent's real property and its Assessor's Parcel Number (APN) Telephone No.: and personal property in California passing to petitioner and (2) decedent's interest in the property. (Attach the legal Facsimile No.: description of the real and personal property and state decedent's interest.)

E-Mail (Continued on reverse)
Form Approved by the Judicial Council of California DE-310 [Rev. January 1, 1998] Mandatory Form [1/1/2000]

PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY
(Probate)

Address: Mobile Tel. No.:

Probate Code, § 13151

American LegalNet, Inc. www.USCourtForms.com

MATTER OF (Name): DECEDENT

CASE NUMBER:

12. Each petitioner is a successor of decedent (as defined in Probate Code section 13006) and a successor to decedent's interest in the real property and personal property described in item 11 because each petitioner is 1 a. (will) a beneficiary who succeeded to the property under decedent's will. (no will) a person who succeeded to the property under Probate Code sections 6401 and 6402. b. 13. The specific property interest claimed by each petitioner in the real property and personal property described in item 11 is stated in Attachment 13 is as follows (specify): 14. The names, relationships, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner of (1) all persons named or checked in items 1, 9, and 10, (2) all other heirs of decedent, and (3) all devisees of decedent (persons designated in the will to receive any property) are listed below are listed in Attachment 14. Name and relationship Age Residence or mailing address

15. The names and addresses of all persons named as executors in decedent's will are listed below are listed in Attachment 15 none named

no will.

16.

17.

Petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all persons interested in the trust, as determined in cases of future interests under paragraphs (1), (2), or (3) of subdivision (a) of Probate Code section 15804 are listed in Attachment 16. Decedent's estate was under a guardianship conservatorship at decedent's death. The names and addresses of all persons serving as guardian or conservator are listed below are listed in Attachment 17.

18. Number of pages attached: _____ Date:
* (Signature of all petitioners also required (Prob. Code, § 1020).)
(SIGNATURE OF ATTORNEY *)

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME)

(SIGNATURE OF PETITIONER 2 )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME) 1 2

(SIGNATURE OF PETITIONER 2 )

See Probate Code section 13152(c) for the requirement that a copy of the will be attached in certain instances. If required, include as Attachment 5 or 12a. Each person named in item 1 must sign.

DE-310 [Rev. January 1, 1998]

PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY
(Probate)

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