reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 1 - Definitions › Section 13000.

13000. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 1 - Definitions › Section 13002.

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, having custody of tangible personal property of the decedent, or acting as registrar or transfer agent of the evidences of a debt, obligation, interest, right, security, or chose in action belonging to the decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 1 - Definitions › Section 13004.

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 successor of the decedent under Chapter 3 (commencing with Section 13100).
(2) Particular real property of the decedent, or particular real and personal property of the decedent, for which the successor of the decedent seeks a court order determining succession under Chapter 4 (commencing with Section 13150).
(3) Particular real property of the decedent with respect to which the successor of the decedent files an affidavit of succession under Chapter 5 (commencing with Section 13200).
(b) Subject to subdivision (a), “particular item of property” includes all interests specified in Section 62.
(Amended by Stats. 1991, Ch. 1055, Sec. 32.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 1 - Definitions › Section 13005.

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 on the decedent’s death, whether by designation of the estate as beneficiary under an insurance policy on the decedent’s life or under the decedent’s retirement plan, or otherwise.
(Added by Stats. 1991, Ch. 1055, Sec. 33.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 1 - Definitions › Section 13006.

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 of property of the decedent under the decedent’s will. For the purposes of this part, a trust is a beneficiary under the decedent’s will if the trust succeeds to the particular item of property under the decedent’s will.
(b) If the decedent died without a will, the sole person or all of the persons who succeeded to the particular item of property of the decedent under Sections 6401 and 6402 or, if the law of a sister state or foreign nation governs succession to the particular item of property, under the law of the sister state or foreign nation.
(Amended by Stats. 1991, Ch. 1055, Sec. 34.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 1 - Definitions › Section 13007.

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 Section 7000), a special administrator for the decedent’s estate has been appointed in this state and is now serving, or a personal representative for the decedent’s estate has been appointed in this state with general powers. “Proceeding” does not include a petition for administration which was dismissed without the appointment of a personal representative, any proceeding under Division 8 (commencing with Section 13000), or any action or proceeding in another state.
(Added by Stats. 1992, Ch. 871, Sec. 15. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 2 - General Provisions › Section 13050.

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 tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, or that was held by the decedent and passed to the decedent’s surviving spouse pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent or its value. This excluded property shall include, but not be limited to, property in a trust revocable by the decedent during the decedent’s lifetime.
(2) A multiple-party account to which the decedent was a party at the time of the decedent’s death shall be excluded in determining the property or estate of the decedent or its value, whether or not all or a portion of the sums on deposit are community property, to the extent that the sums on deposit belong after the death of the decedent to a surviving party, P.O.D. payee, or beneficiary. For the purposes of this paragraph, the terms “multiple-party account,” “party,” “P.O.D. payee,” and “beneficiary” are defined in Article 2 (commencing with Section 5120) of Chapter 1 of Part 2 of Division 5.
(b) For the purposes of this part, all of the following property shall be excluded in determining the property or estate of the decedent or its value:
(1) Any vehicle registered under Division 3 (commencing with Section 4000) of the Vehicle Code or titled under Division 16.5 (commencing with Section 38000) of the Vehicle Code.
(2) Any vessel numbered under Division 3.5 (commencing with Section 9840) of the Vehicle Code.
(3) Any manufactured home, mobilehome, commercial coach, truck camper, or floating home registered under Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code.
(c) For the purposes of this part, the value of the following property shall be excluded in determining the value of the decedent’s property in this state:
(1) Any amounts due to the decedent for services in the Armed Forces of the United States.
(2) The amount, not exceeding sixteen thousand six hundred twenty-five dollars ($16,625), as adjusted periodically in accordance with Section 890, of salary or other compensation, including compensation for unused vacation, owing to the decedent for personal services from any employment.
(Amended by Stats. 2019, Ch. 122, Sec. 4. (AB 473) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 2 - General Provisions › Section 13051.

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 person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending.
(b) The trustee of a trust may act on behalf of the trust. In the case of a trust that is subject to continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the trustee may act on behalf of the trust without the need to obtain approval of the court.
(c) If the decedent’s will authorizes a custodian under the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state to receive a devise to a beneficiary, the custodian may act on behalf of the beneficiary until such time as the custodianship terminates.
(d) A sister state personal representative may act on behalf of the beneficiaries as provided in Chapter 3 (commencing with Section 12570) of Part 13 of Division 7.
(e) The attorney in fact authorized under a durable power of attorney may act on behalf of the beneficiary giving the power of attorney.
(Amended by Stats. 1991, Ch. 1055, Sec. 35.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 2 - General Provisions › Section 13052.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 2 - General Provisions › Section 13053.

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 law in effect at the time of payment, delivery, or transfer shall apply if the payment, delivery, or transfer was made prior to July 1, 1987, pursuant to former Probate Code Sections 630 to 632, inclusive, repealed by Chapter 783 of the Statutes of 1986.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 1 - COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION › CHAPTER 2 - General Provisions › Section 13054.

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, repealed by Chapter 783, Statutes of 1986, shall be deemed to be a reference to the comparable provisions of Chapter 3 (commencing with Section 13100).
(Enacted by Stats. 1990, Ch. 79.)
2023 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 13100.

13100. Excluding the property described in Section 13050, if 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 if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will, do any of the following with respect to one or more particular items of property:
(a) Collect any particular item of property that is money due the decedent.
(b) Receive any particular item of property that is tangible personal property of the decedent.
(c) Have any particular item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred, whether or not secured by a lien on real property.
(Amended by Stats. 2019, Ch. 122, Sec. 5. (AB 473) Effective January 1, 2020.)
2023 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 13100.5.

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 under this chapter.
(b) “Transferred property” means property that is paid, delivered, or transferred pursuant to an affidavit or declaration executed under Section 13101.
(c) “Unsecured debts” includes, but is not limited to, a decedent’s funeral expenses, expenses of a decedent’s last illness, and wage claims.
(Added by Stats. 2022, Ch. 29, Sec. 2. (AB 1716) Effective January 1, 2023.)
2023 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 13102.

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 to require presentation of the evidence of ownership before the duty of the holder to pay, deliver, or transfer the property to the decedent would have arisen, the evidence of ownership, if available, shall be presented with the affidavit or declaration to the holder of the decedent’s property.
(b) If the evidence of ownership is not presented to the holder pursuant to subdivision (a), the holder may require, as a condition for the payment, delivery, or transfer of the property, that the person presenting the affidavit or declaration provide the holder with a bond or undertaking in a reasonable amount determined by the holder to be sufficient to indemnify the holder against all liability, claims, demands, loss, damages, costs, and expenses that the holder may incur or suffer by reason of the payment, delivery, or transfer of the property. Nothing in this subdivision precludes the holder and the person presenting the affidavit or declaration from dispensing with the requirement that a bond or undertaking be provided and instead entering into an agreement satisfactory to the holder concerning the duty of the person presenting the affidavit or declaration to indemnify the holder.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 13103.

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 real property. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant or declarant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.
(Enacted by Stats. 1990, Ch. 79.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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) 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 transferee 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 transferee may assert any defense, cross-complaint, or setoff 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.
(b) The personal liability under subdivision (a) shall not exceed the fair market value of the transferred property at the time the affidavit or declaration is presented under this chapter, less the amount of any liens and encumbrances on the transferred property at that time, and less the amount of any payment made pursuant to subdivision (a) of Section 13110.
(c) A transferee is not liable under this section if the transferee has satisfied the requirements of Section 13109.5, 13110.5, or 13111.
(Amended by Stats. 2022, Ch. 29, Sec. 3. (AB 1716) Effective January 1, 2023.)
2023 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 13109.5.

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 unsecured debts.
(b) In calculating the transferee’s share of liability under subdivision (a), the abatement rules provided in Part 4 (commencing with Section 21400) of Division 11 shall be applied, using all of the following assumptions:
(1) Transferred property shall be treated as if it had remained in the estate for administration.
(2) Any unsecured debts of the decedent that were paid by the transferee pursuant to Section 13109 shall be treated as if they were claims made against the decedent’s estate.
(c) The personal representative shall provide a written statement of liability to the transferee, which specifies the amount that must be paid to the estate.
(d) The transferee is personally liable to the estate for the amount specified in the statement of liability. Any amount that the transferee paid pursuant to Section 13109 or 13110 shall be credited against the amount that the transferee owes the estate under this subdivision. If the amount that the transferee paid pursuant to Section 13109 or 13110 exceeds the amount specified in the written statement of liability, the estate shall reimburse the difference to the transferee. For the purposes of Section 11420, that reimbursement shall be deemed an expense of administration.
(e) The reasonable cost of proceeding under this section shall be reimbursed as an extraordinary service under Sections 10801 and 10811. The transferee is liable for the payment of that cost, which shall be separately identified in the statement of liability.
(f) A transferee is not liable under this section if the transferee has satisfied the requirements of Section 13110.5 or 13111.
(Added by Stats. 2022, Ch. 29, Sec. 4. (AB 1716) Effective January 1, 2023.)
2023 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), a transferee is personally liable to any person having a superior right to the transferred property by testate or intestate succession from the decedent. Except as provided in subdivision (b), the personal liability established by this subdivision shall not exceed the sum of the following, less the amount of any payment made pursuant to Section 13109 or 13109.5:
(1) The fair market value of the transferred property at the time the affidavit or declaration is presented under this chapter, less the amount of any liens and encumbrances on the transferred property at that time.
(2) Income received from the property, if that income would have accrued to the estate had the property not been transferred to the transferee.
(3) If the property has been disposed of, interest on the fair market value of the transferred property from the date of disposition at the rate of 7 percent per annum. For the purposes of this paragraph, “fair market value of the transferred property” means the fair market value of the transferred property, determined as of the time of the disposition of the property, less the amount of any liens and encumbrances on the property at the time the property was paid, delivered, or transferred to the transferee.
(b) In addition to any other liability the transferee has under this section and Sections 13109, 13109.5, 13111, and 13113.5 a person who fraudulently secures the payment, delivery, or transfer of the decedent’s property under this chapter is liable to the person having a superior right to that property by testate or intestate succession from the decedent 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.
(d) A transferee is not liable under subdivision (a) if the transferee has satisfied the requirements of Section 13110.5 or 13111.
(Amended by Stats. 2022, Ch. 29, Sec. 5. (AB 1716) Effective January 1, 2023.)
2023 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 13110.5.

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 estate for administration.
(b) The property to be restored to the estate under this section shall be reduced or increased as provided in Section 13113.5.
(Added by Stats. 2022, Ch. 29, Sec. 6. (AB 1716) Effective January 1, 2023.)
2023 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 13111, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
(Amended by Stats. 2022, Ch. 29, Sec. 10. (AB 1716) Effective January 1, 2023.)
2023 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 13113.5.

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 representative shall reimburse the transferee by the same amount. Actions or inaction that increase the value of returned property or decrease the estate’s obligations include, but are not necessarily limited to, the following actions:
(1) A payment toward an unsecured debt of the decedent.
(2) A payment toward a debt secured against the returned property.
(3) A significant improvement of the returned property that increased the fair market value of the property.
(b) If the transferee’s action or inaction decreased the value of property returned to the estate or increased the estate’s obligations, the transferee is personally liable to the estate for that amount. Actions or inaction that decrease the value of the returned property or increase the estate’s obligations include, but are not necessarily limited to, the following actions or inaction:
(1) An action or inaction that resulted in a lien or encumbrance being recorded against the property.
(2) The receipt of income from the property, if that income would have accrued to the estate had the property not been transferred to the transferee.
(c) The personal representative shall provide the transferee a written statement of any reimbursement or liability under this section, along with a statement of the reasons for the reimbursement or liability.
(d) For the purposes of Section 11420, reimbursement of the transferee under subdivision (a) shall be deemed an expense of administration.
(e) In the event that the transferee and the personal representative cannot agree on the reimbursement or liability due under this section, the transferee or personal representative may petition the court for an order determining the amount of the reimbursement or liability. In making a decision under this subdivision, the court should consider the surrounding circumstances, including whether the parties acted in good faith and whether a particular result would impose an unfair burden on the transferee or the estate.
(Added by Stats. 2022, Ch. 29, Sec. 11. (AB 1716) Effective January 1, 2023.)
2023 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.)
2023 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 13114.5.

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 estate, for all purposes.
(Added by Stats. 2022, Ch. 29, Sec. 12. (AB 1716) Effective January 1, 2023.)
2023 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.)
2023 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.)
2023 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, if it would be equitable to do so.
(Amended by Stats. 2022, Ch. 29, Sec. 13. (AB 1716) Effective January 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 13155.

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 they are in being.
(Amended by Stats. 1991, Ch. 1055, Sec. 46.)
2023 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 13156.

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 for the unsecured debts of the decedent.
(b) The personal liability of any petitioner shall not exceed the fair market value at the date of the decedent’s death of the property received by that petitioner pursuant to an order under this chapter, less the amount of any liens and encumbrances on the property.
(c) In any action or proceeding based upon an unsecured debt of the decedent, the petitioner may assert any defense, cross-complaint, or setoff which would have been available to the decedent if the decedent had not died.
(d) Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7.
(e) Section 366.2 of the Code of Civil Procedure applies in an action under this section.
(Amended by Stats. 1992, Ch. 178, Sec. 41. Effective January 1, 1993.)
2023 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 13157.

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 private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 13158.

13158. Nothing in this chapter excuses compliance with Chapter 3 (commencing with Section 13100) by the holder of the decedent’s personal property if an affidavit or declaration is furnished as provided in that chapter.
(Added by Stats. 1991, Ch. 1055, Sec. 47.)