CA Affidavit of Surviving Spouse, Community Property 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
STATE & ZIP
TITLE ORDER NO.ESCROW NO.
Surviving Spouse Succeeding to Title to Community Property
(Section 13540 Probate Code of the State of California)
STATE OF CALIFORNIA
COUNTY OF ______________________ }SS.
____________________________, of legal age, being first duly sworn, deposes and says; That _________________________________, the decedent mentioned in the attached certified copy of Certificate of Death, is the same person as ________________ named as one of the parties in that certain ________________dated ________ executed by _____________________________________________________________ to _____________________________________________________________________, as community property, recorded as instrument No. ___________________ on ___________, in Book ______________, Page ____________, of Official Records of _____________________________________ County of ________________________, State of California ,____________________________________________.
That he/she was married to ___________________________ at the time of the death of the decedent.
That the above-described property has been at all times since acquisition considered the community property of him/her and decedent. More than forty (40) days have passed since the death of the above named decedent, and no notice has been recorded pursuant to Section 13541 of the Probate Code.
That, with respect to the above-described property, there has not been nor will there be an election filed pursuant to Probate Code Sections 13502 or 13503 in any probate proceedings in any court of competent jurisdiction.
That the above described property has not passed to someone other than the affiant under the decedent's will or by interstate succession. That the property has not been disposed of in trust under the decedent's will. That the decedent's will does not limit the affiant to a qualified ownership.
That this Affidavit is made for the protection and benefit of the surviving spouse, his/her successors, assigns and personal representatives and all other parties hereafter dealing with or who may acquire an interest in the above described property.
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.
SUBSCRIBED AND SWORN TO (or affirmed) before me on this ______________ day of _______________, 20______, by____________________________________________________________,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(This area for notarial seal)
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