{"code":"PROB","codeName":"Probate Code","section":"13107.5","citation":"Prob. Code, § 13107.5","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000. - 13660.]","url":"https://blackletter.si/probate-code/division-8"},{"name":"PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000. - 13211.]","url":"https://blackletter.si/probate-code/division-8/part-1"},{"name":"CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100. - 13117.]","url":"https://blackletter.si/probate-code/division-8/part-1/chapter-3"}],"history":"Amended by Stats. 1992, Ch. 178, Sec. 39.   Effective January 1, 1993.","effective":"1993-01-01","html":"<p>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 which the decedent was a party, the successor of the decedent shall, without procuring letters of administration or awaiting probate of the will, be substituted as a party in place of the decedent by making a motion under Article 3 (commencing with Section 377.30) of Chapter 4 of Title 2 of Part 2 of the Code of Civil Procedure. The successor of the decedent shall file the affidavit or declaration with the court when the motion is made. For the purpose of Article 3 (commencing with Section 377.30) of Chapter 4 of Title 2 of Part 2 of the Code of Civil Procedure, a successor of the decedent who complies with this chapter shall be considered as a successor in interest of the decedent.</p>","text":"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 which the decedent was a party, the successor of the decedent shall, without procuring letters of administration or awaiting probate of the will, be substituted as a party in place of the decedent by making a motion under Article 3 (commencing with Section 377.30) of Chapter 4 of Title 2 of Part 2 of the Code of Civil Procedure. The successor of the decedent shall file the affidavit or declaration with the court when the motion is made. For the purpose of Article 3 (commencing with Section 377.30) of Chapter 4 of Title 2 of Part 2 of the Code of Civil Procedure, a successor of the decedent who complies with this chapter shall be considered as a successor in interest of the decedent.","otherVersions":[],"url":"https://blackletter.si/probate-code/affidavit-procedure-for-collection-or-transfer-of-personal-13107-5","source":"California Legislative Information bulk export (pubinfo)"}