PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000. - 13211.]

Part 1 enacted by Stats. 1990, Ch. 79.

§§ 13000–13211 · 58 sections

1. CHAPTER 1. Definitions §§ 13000–13007 · 6 sections

   • § 13000 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
   • § 13002 “Holder of the decedent’s property” or “holder” means, with respect to any particular item of property of the decedent, the person owing money to the decedent,…
   • § 13004 (a) “Particular item of property” means: (1) Particular personal property of the decedent which is sought to be collected, received, or transferred by the…
   • § 13005 “Property of the decedent,” “decedent’s property,” “money due the decedent,” and similar phrases, include property that becomes part of the decedent’s estate…
   • § 13006 “Successor of the decedent” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item…
   • § 13007 “Proceeding” means either that a petition is currently pending in this state for administration of a decedent’s estate under Division 7 (commencing with…
2. CHAPTER 2. General Provisions §§ 13050–13054 · 5 sections

   • § 13050 (a) For the purposes of this part: (1) Any property or interest or lien thereon that, at the time of the decedent’s death, was held by the decedent as a joint…
   • § 13051 For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the…
   • § 13052 In making an appraisal for the purposes of this part, the probate referee shall use the date of the decedent’s death as the date of valuation of the property.
   • § 13053 (a) Except as provided in subdivision (b), this part applies whether the decedent died before, on, or after July 1, 1987. (b) This part does not apply and the…
   • § 13054 A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 630 to 632, inclusive,…
3. CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property §§ 13100–13117 · 24 sections

   • § 13100 Excluding the property described in Section 13050 and any property included in a petition filed under Section 13151, if the gross value of the decedent’s real…
   • § 13100.5 The following definitions apply for the purposes of this chapter: (a) “Transferee” means a person to whom payment, delivery, or transfer of property is made…
   • § 13101 (a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred…
   • § 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 the right…
   • § 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 of the…
   • § 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)…
   • § 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…
   • § 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…
   • § 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 instrument…
   • § 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 deceased person…
   • § 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 which the…
   • § 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…
   • § 13109 (a) A transferee is personally liable, to the extent provided in this section for the unsecured debts of the decedent. That debt may be enforced against the…
   • § 13109.5 (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s…
   • § 13110 (a) Except as provided in subdivision (b), a transferee is personally liable to any person having a superior right to the transferred property by testate or…
   • § 13110.5 (a) If proceedings for the administration of a decedent’s estate are commenced, a transferee may voluntarily return transferred property to the decedent’s…
   • § 13111 (a) If property is paid, delivered, or transferred to a transferee under this chapter, and the decedent’s personal representative determines that another…
   • § 13113 The remedies available under Sections 13109 to 13111, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
   • § 13113.5 (a) If the transferee’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the personal…
   • § 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 Part 1…
   • § 13114.5 If transferred property is returned to the estate under Sections 13110.5 or 13111, the value of that property shall be included in the total value of the…
   • § 13115 The procedure provided in this chapter may not be used to obtain possession or the transfer of real property.
   • § 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) receiving…
   • § 13117 If the court finds that a person to whom payment, delivery, or transfer of the decedent’s property has been made under this chapter has acted reasonably and in…
4. CHAPTER 4. Court Order Determining Succession to Property §§ 13150–13157 · 8 sections

   • § 13150 The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (a) No proceeding is being or has been conducted in…
   • § 13151 (a) If a decedent dies leaving real property that was their primary residence in this state and the gross value of that real property does not exceed seven…
   • § 13152 (a) The petition shall be verified by each petitioner, shall contain a request that the court make an order under this chapter determining that the property…
   • § 13153 Notice of the hearing shall be given as provided in Section 1220 to each of the persons named in the petition pursuant to Section 13152.
   • § 13154 (a) If the court makes the determinations required under subdivision (b), the court shall issue an order determining that the real property that was the…
   • § 13155 Upon becoming final, an order under this chapter determining that property is property passing to the petitioner is conclusive on all persons, whether or not…
   • § 13156 (a) Subject to subdivisions (b), (c), and (d), the petitioner who receives the decedent’s property pursuant to an order under this chapter is personally liable…
   • § 13157 The attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined by…
5. CHAPTER 5. Affidavit Procedure for Real Property of Small Value §§ 13200–13211 · 15 sections

   • § 13200 (a) No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is…
   • § 13201 Notwithstanding any other provision of law, the total fee for the filing of an affidavit under Section 13200 and the issuance of one certified copy of the…
   • § 13202 Upon receipt of the affidavit and the required fee, the court clerk, upon determining that the affidavit is complete and has the required attachments, shall…
   • § 13202.5 For the purposes of this chapter, the following terms have the following meanings: (a) “Transferee” means a person designated as a successor of the decedent in…
   • § 13203 (a) A person acting in good faith and for a valuable consideration with a person designated as a successor of the decedent to a particular item of property in…
   • § 13204 (a) A transferee is personally liable to the extent provided in this section for the unsecured debts of the decedent. That debt may be enforced against the…
   • § 13204.5 (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s…
   • § 13205 (a) A transferee is personally liable to any person having a superior right to transferred property by testate or intestate succession from the decedent.…
   • § 13205.5 (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee may voluntarily return transferred property to the decedent’s…
   • § 13206 (a) If property is transferred to a transferee under this chapter, and the decedent’s personal representative later determines that another person has a…
   • § 13208 The remedies available under Sections 13204 to 13206, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
   • § 13208.5 (a) If the transferee’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the personal…
   • § 13209 If transferred property is returned to the estate under Sections 13205.5 or 13206, the value of that property shall be included in the total value of the…
   • § 13210 The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (a) No proceeding for the administration of the…
   • § 13211 If the court finds that a person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202 has acted reasonably…