U n i t e d S t a t e s G o v e r n m e n t

MEMORANDUM

FORM 0-115f (1-92)

R a i l r o a d R e t i r e m e n t B o a r d

AUG 1 4 2001

L-2001-11

TO Philip H. Arnold

Chief of Records Analysis and Systems 

Through: Ronald Russo

Director of Policy and Systems

FROM : Steven A. Bartholow 

General Counsel

SUBJECT : California Probate Code

This is in response to your June 5, 2001 inquiry as to revisions to the California 

Probate Code as it relates to the procedure to be followed in the handling of “No 

Administration” cases.

The attachments to your memo indicate that current manual procedure refers to 

sections 630 and 631 of the California Probate Code. As stated in Legal Opinion L88-77 issued August 4, 1988, sections 630 and 631 of the California Probate Code 

were superseded by sections 13100 and 13101, respectively, effective July 1, 1987.

(A copy of Legal Opinion L-88-77 is attached for your reference.) Consequently, 

FOM and RCM procedure should be revised.

As outlined below, the California legislature has made changes to the above-noted 

sections since Legal Opinion L-88-77 was issued. The most notable change occurred 

in 1996 when California amended section 13100 such that “one hundred thousand 

dollars ($100,000)” was substituted for “sixty thousand dollars ($60,000).” As a 

result, section 13100 provides that after 40 days have elapsed following a decedent’s 

death, if the gross value of the decedent’s real and personal property does not 

exceed $100,000, the successor may collect money or receive property due the 

decedent by executing an affidavit as specified by section 13101.

Changes have also been made to the affidavit requirements found in section 13101. 

For ease of reference, the entire text of section 13101 follows.
§ 13101. Affidavit or declaration; contents; requirements;

attachments

(а) 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, an affidavit or 

declaration under penalty of perjury under the 

laws of this state shall be furnished to the 

holder of the decedent’s property stating all of 

the following:

(1) The decedent’s name.

(2) The date and place of the decedent’s death.

f

(3) “At least 40 days have elapsed since the death of 

the decedent, as shown in a certified copy of the decedent’s death 

certificate attached to this affidavit or declaration.”

(4) Either of the following, as appropriate: (A) “No 

proceeding is now being or has been conducted in California for 

administration of the decedent’s estate.” (B) “The decedent’s 

personal representative has consented in writing to the 

payment, transfer, or delivery to the affiant or declarant of the 

property described in the affidavit or declaration.” *

(5) “The current gross fair market value of the 

decedent’s real and personal property in California, excluding 

the property described in Section 13050 of the California 

Probate Code, does not exceed one hundred thousand dollars 

($100,000).”

(б) A description of the property of the decedent that is 

to be paid, transferred, or delivered to the affiant or declarant.

(7) The name of the successor of the decedent (as 

defined in Section 13006 of the California Probate Code) to the 

described property.
(8) Either of the following, as appropriate: (A) “The 

affiant or declarant is the successor of the decedent (as defined 

in Section 13006 of the California Probate Code) to the 

decedent’s interest in the described property.” (B) “The affiant 

or declarant is authorized under Section 13051 of the California 

Probate Code to act on behalf of the successor of the decedent (as 

defined in Section 13006 of the California Probate Code) with 

respect to the decedent’s interest in the described property.”

(9) “No other person has a superior right to the 

interest of the decedent in the described property.”

(10) “The affiant or declarant requests that the 

described property be paid, delivered, or transferred- to the 

affiant or declarant.”

(11) “The affiant or declarant affirms or declares under 

penalty of perjury under the laws of the State of California that 

the foregoing is true and correct.”

(b) Where more than one person executes the affidavit or 

declaration under this section, the statements required by 

subdivision (a) shall be modified as appropriate to reflect that 

fact.

(c) If the particular item of property to be transferred 

under this chapter is a debt or other obligation secured by a 

lien on real property and the instrument creating the lien has 

been recorded in the office of the county recorder of the county 

where the real property is located, the affidavit or declaration 

shall satisfy the requirements both of this section and of 

Section 13106.5.

(d) A certified copy of the decedent’s death certificate 

shall be attached to the affidavit or declaration.

(e) If the decedent’s personal representative has 

consented to the payment, transfer, or delivery of the described 

property to the affiant or declarant, a copy of the consent and of 

the personal representative’s letters shall be attached to the 

affidavit or declaration.
It should be noted that the California Probate Code no longer requires that 

the decedent own no real estate in California. Rather, the gross value of the 

decedent’s estate includes the gross value of the decedent’s real and personal 

property, excluding property described in section 13050 of the Probate Code. 

Excluded property includes property held by the decedent in joint tenancy, 

property which passes to the surviving spouse pursuant to section 13500 of 

the Code, and property in a trust revocable by the decedent during his or her 

lifetime.

This opinion supersedes Legal Opinion L-88-77.

Attachment