CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100. - 13117.]
Chapter 3 enacted by Stats. 1990, Ch. 79.
§§ 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…