California Probate Code CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property

  • Section 13100.
    Excluding the property described in Section 13050, if the gross value of the decedent’s real and personal property in this state does not exceed one...
  • Section 13101.
    (a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this chapter,...
  • Section 13102.
    (a) If the decedent had evidence of ownership of the property described in the affidavit or declaration and the holder of the property would have had...
  • Section 13103.
    If the estate of the decedent includes any real property in this state, the affidavit or declaration shall be accompanied by an inventory and appraisal...
  • Section 13104.
    (a) Reasonable proof of the identity of each person executing the affidavit or declaration shall be provided to the holder of the decedent’s property. (b) Reasonable proof...
  • Section 13105.
    (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied:(1) The person or persons executing the affidavit or declaration as successor of the decedent are...
  • Section 13106.
    (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied, receipt by the holder of the decedent’s property of the affidavit or declaration constitutes...
  • Section 13106.5.
    (a) If the particular item of property transferred under this chapter is a debt or other obligation secured by a lien on real property and the...
  • Section 13107.
    Where the money or property claimed in an affidavit or declaration presented under this chapter is that of a deceased heir or devisee of a...
  • Section 13107.5.
    Where the money or property claimed in an affidavit or declaration executed under this chapter is the subject of a pending action or proceeding in...
  • Section 13108.
    (a) The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (1) No proceeding for the administration of the...
  • Section 13109.
    A person to whom payment, delivery, or transfer of the decedent’s property is made under this chapter is personally liable, to the extent provided in...
  • Section 13110.
    (a) Except as provided in subdivision (b), each person to whom payment, delivery, or transfer of the decedent’s property is made under this chapter is personally...
  • Section 13111.
    (a) Subject to the provisions of this section, if proceedings for the administration of the decedent’s estate are commenced in this state, or if the decedent’s...
  • Section 13112.
    (a) A person to whom payment, delivery, or transfer of the decedent’s property has been made under this chapter is not liable under Section 13109 or...
  • Section 13113.
    The remedies available under Sections 13109 to 13112, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.(Enacted by...
  • Section 13114.
    (a) A public administrator who has taken possession or control of property of a decedent under Article 1 (commencing with Section 7600) of Chapter 4 of...
  • Section 13115.
    The procedure provided in this chapter may not be used to obtain possession or the transfer of real property.(Enacted by Stats. 1990, Ch. 79.)
  • Section 13116.
    The procedure provided in this chapter is in addition to and supplemental to any other procedure for (1) collecting money due to a decedent, (2)...

Last modified: October 22, 2018