reglab/housing_qa huggingface dataset:
CA Prob Code § 13104 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13104.

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 of identity is provided for the purposes of this section if both of the following requirements are satisfied:(1) The person executing the affidavit or declaration is personally known to the holder.(2) The person executes the affidavit or declaration in the presence of the holder.(c) If the affidavit or declaration is executed in the presence of the holder, a written statement under penalty of perjury by a person personally known to the holder affirming the identity of the person executing the affidavit or declaration is reasonable proof of identity for the purposes of this section.(d) If the affidavit or declaration is executed in the presence of the holder, the holder may reasonably rely on any of the following as reasonable proof of identity for the purposes of this section:(1) An identification card or driver’s license issued by the Department of Motor Vehicles of this state that is current or was issued during the preceding five years.(2) A passport issued by the Department of State of the United States that is current or was issued during the preceding five years.(3) Any of the following documents if the document is current or was issued during the preceding five years and contains a photograph and description of the person named on it, is signed by the person, and bears a serial or other identifying number:(A) A passport issued by a foreign government that has been stamped by the United States Immigration and Naturalization Service.(B) A driver’s license issued by a state other than California.(C) An identification card issued by a state other than California.(D) An identification card issued by any branch of the armed forces of the United States.(e) For the purposes of this section, a notary public’s certificate of acknowledgment identifying the person executing the affidavit or declaration is reasonable proof of identity of the person executing the affidavit or declaration.(f) Unless the affidavit or declaration contains a notary public’s certificate of acknowledgment of the identity of the person, the holder shall note on the affidavit or declaration either that the person executing the affidavit or declaration is personally known or a description of the identification provided by the person executing the affidavit or declaration.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13105 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13105.

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 entitled to have the property described in the affidavit or declaration paid, delivered, or transferred to them.(2) A transfer agent of a security described in the affidavit or declaration shall change the registered ownership on the books of the corporation from the decedent to the person or persons executing the affidavit or declaration as successor of the decedent.(b) If the holder of the decedent’s property refuses to pay, deliver, or transfer any personal property or evidence thereof to the successor of the decedent within a reasonable time, the successor may recover the property or compel its payment, delivery, or transfer in an action brought for that purpose against the holder of the property. If an action is brought against the holder under this section, the court shall award reasonable attorney’s fees to the person or persons bringing the action if the court finds that the holder of the decedent’s property acted unreasonably in refusing to pay, deliver, or transfer the property to them as required by subdivision (a).(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13106 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13106.

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 sufficient acquittance for the payment of money, delivery of property, or changing registered ownership of property pursuant to this chapter and discharges the holder from any further liability with respect to the money or property. The holder may rely in good faith on the statements in the affidavit or declaration and has no duty to inquire into the truth of any statement in the affidavit or declaration.(b) If the requirements of Sections 13100 to 13104, inclusive, are satisfied, the holder of the decedent’s property is not liable for any taxes due to this state by reason of paying money, delivering property, or changing registered ownership of property pursuant to this chapter.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13106.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13106.5.

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 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 described in Section 13101 shall be recorded in the office of the county recorder of that county and, in addition to the contents required by Section 13101, shall include both of the following:(1) The recording reference of the instrument creating the lien.(2) A notary public’s certificate of acknowledgment identifying each person executing the affidavit or declaration.(b) The transfer under this chapter of the debt or obligation secured by a lien on real property has the same effect as would be given to an assignment of the right to collect the debt or enforce the obligation. The recording of the affidavit or declaration under subdivision (a) shall be given the same effect as is given under Sections 2934 and 2935 of the Civil Code to recording an assignment of a mortgage and an assignment of the beneficial interest under a deed of trust.(c) If a deed of trust upon the real property was given to secure the debt and the requirements of subdivision (a) and of Sections 13100 to 13103, inclusive, are satisfied:(1) The trustee under the deed of trust may rely in good faith on the statements made in the affidavit or declaration and has no duty to inquire into the truth of any statement in the affidavit or declaration.(2) A person acting in good faith and for a valuable consideration may rely upon a recorded reconveyance of the trustee under the deed of trust.(d) If a mortgage upon the real property was given to secure the debt and the requirements of subdivision (a) and of Sections 13100 to 13103, inclusive, are satisfied, a person acting in good faith and for a valuable consideration may rely upon a recorded discharge of the mortgage executed by the person or persons executing the affidavit or declaration as successor of the decedent or by their successors in interest.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13107 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13107.

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 whose estate is being administered in this state, the personal representative of the person whose estate is being administered shall present the affidavit or declaration to the court in which the estate is being administered. The court shall direct the personal representative to pay the money or deliver the property to the person or persons identified by the affidavit or declaration as the successor of the decedent to the extent that the order for distribution determines that the deceased heir or devisee was entitled to the money or property under the will or the laws of succession.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13107.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13107.5.

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 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.(Amended by Stats. 1992, Ch. 178, Sec. 39. Effective January 1, 1993.)
CA Prob Code § 13108 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13108.

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 decedent’s estate is pending or has been conducted in this state.(2) The decedent’s personal representative consents in writing to the payment, transfer, or delivery of the property described in the affidavit or declaration pursuant to this chapter. (b) Payment, delivery, or transfer of a decedent’s property pursuant to this chapter does not preclude later proceedings for administration of the decedent’s estate.(Amended by Stats. 1991, Ch. 1055, Sec. 38.)
CA Prob Code § 13109 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13109.

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 13112, for the unsecured debts of the decedent. Any such debt may be enforced against the person in the same manner as it could have been enforced against the decedent if the decedent had not died. In any action based upon the debt, the person may assert any defenses, cross-complaints, or setoffs that would have been available to the decedent if the decedent had not died. Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7. Section 366.2 of the Code of Civil Procedure applies in an action under this section.(Amended by Stats. 1992, Ch. 178, Sec. 40. Effective January 1, 1993.)
CA Prob Code § 13110 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13110.

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 liable to the extent provided in Section 13112 to any person having a superior right by testate or intestate succession from the decedent. (b) In addition to any other liability the person has under this section and Sections 13109, 13111, and 13112, any person who fraudulently secures the payment, delivery, or transfer of the decedent’s property under this chapter is liable to the person having such a superior right for three times the fair market value of the property. For the purposes of this subdivision, the “fair market value of the property” is the fair market value of the property paid, delivered, or transferred to the person liable under this subdivision, valued as of the time the person liable under this subdivision presents the affidavit or declaration under this chapter to the holder of the decedent’s property, less any liens and encumbrances on that property at that time. (c) An action to impose liability under this section is forever barred three years after the affidavit or declaration is presented under this chapter to the holder of the decedent’s property, or three years after the discovery of the fraud, whichever is later. The three-year period specified in this subdivision is not tolled for any reason.(Amended by Stats. 1991, Ch. 1055, Sec. 39.)
CA Prob Code § 13112 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13112.

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 13110 if proceedings for the administration of the decedent’s estate are commenced in this state, and the person satisfies the requirements of Section 13111.(b) Except as provided in subdivision (b) of Section 13110, the aggregate of the personal liability of a person under Sections 13109 and 13110 shall not exceed the sum of the following:(1) The fair market value, valued as of the time the affidavit or declaration is presented under this chapter, of the property paid, delivered, or transferred to the person under this chapter, less the amount of any liens and encumbrances on that property at that time.(2) The net income the person received from the property.(3) If the property has been disposed of, interest on the fair market value of the property accruing from the date of disposition at the rate of 7 percent per annum. For the purposes of this paragraph, “fair market value of the property” has the same meaning as defined in paragraph (2) of subdivision (a) of Section 13111.(Amended by Stats. 2019, Ch. 122, Sec. 8. (AB 473) Effective January 1, 2020.)
CA Prob Code § 13113 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13113.

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 Stats. 1990, Ch. 79.)
CA Prob Code § 13114 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13114.

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 of Division 7 may refuse to pay money or deliver property pursuant to this chapter if payment of the costs and fees described in Section 7604 has not first been made or adequately assured to the satisfaction of the public administrator.(b) A coroner who has property found upon the body of a decedent, or who has taken charge of property of the decedent pursuant to Section 27491.3 of the Government Code, may refuse to pay or deliver the property pursuant to this chapter if payment of the reasonable costs of holding or safeguarding the property has not first been made or adequately assured to the satisfaction of the coroner.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13115 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13115.

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.)
CA Prob Code § 13116 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13116.

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 tangible personal property of a decedent, or (3) having evidence of ownership of property of a decedent transferred. Nothing in this chapter restricts or limits the release of tangible personal property of a decedent pursuant to any other provision of law. This section is declaratory of existing law.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13117 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 3 - Affidavit Procedure for Collection or Transfer of Personal Property|Section 13117.

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 good faith under the circumstances as known to the person, the court may, in its discretion, excuse the person from liability to pay interest, in whole or in part, under paragraph (2) of subdivision (a) of Section 13111 or paragraph (3) of subdivision (b) of Section 13112, if it would be equitable to do so.(Added by Stats. 2019, Ch. 122, Sec. 9. (AB 473) Effective January 1, 2020.)
CA Prob Code § 13150 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 4 - Court Order Determining Succession to Property|Section 13150.

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 this state for administration of the decedent’s estate. (b) The decedent’s personal representative consents in writing to use of the procedure provided by this chapter to determine that real property of the decedent is property passing to the petitioners.(Amended by Stats. 1991, Ch. 1055, Sec. 42.)
CA Prob Code § 13151 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 4 - Court Order Determining Succession to Property|Section 13151.

13151.  Exclusive of the property described in Section 13050, if a decedent dies leaving real property in this state and the gross value of the decedent’s real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and 40 days have elapsed since the death of the decedent, the successor of the decedent to an interest in a particular item of property that is real property, without procuring letters of administration or awaiting the probate of the will, may file a petition in the superior court of the county in which the estate of the decedent may be administered requesting a court order determining that the petitioner has succeeded to that real property. A petition under this chapter may include an additional request that the court make an order determining that the petitioner has succeeded to personal property described in the petition.(Amended by Stats. 2019, Ch. 122, Sec. 10. (AB 473) Effective January 1, 2020.)
CA Prob Code § 13153 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 4 - Court Order Determining Succession to Property|Section 13153.

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.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 13154 (2021)
2021 California Code|Probate Code - PROB|DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION|PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION|CHAPTER 4 - Court Order Determining Succession to Property|Section 13154.

13154.  (a) If the court makes the determinations required under subdivision (b), the court shall issue an order determining (1) that real property, to be described in the order, of the decedent is property passing to the petitioners and the specific property interest of each petitioner in the described property and (2) if the petition so requests, that personal property, to be described in the order, of the decedent is property passing to the petitioners and the specific property interest of each petitioner in the described property.(b) The court may make an order under this section only if the court makes all of the following determinations:(1) The gross value of the decedent’s real and personal property in this state, excluding the property described in Section 13050, does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890.(2) Not less than 40 days have elapsed since the death of the decedent.(3) Whichever of the following is appropriate:(A) No proceeding is being or has been conducted in this state for administration of the decedent’s estate.(B) The decedent’s personal representative has consented in writing to use of the procedure provided by this chapter.(4) The property described in the order is property of the decedent passing to the petitioner.(c) If the petition has attached an inventory and appraisal that satisfies the requirements of subdivision (b) of Section 13152, the determination required by paragraph (1) of subdivision (b) of this section shall be made on the basis of the verified petition and the attached inventory and appraisal, unless evidence is offered by a person opposing the petition that the gross value of the decedent’s real and personal property in this state, excluding the property described in Section 13050, exceeds one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890.(Amended by Stats. 2019, Ch. 122, Sec. 12. (AB 473) Effective January 1, 2020.)