Prob. Code, § 13108 · Chapter 3. Affidavit Procedure for Collection or Transfer of Personal Property
Prob. Code, § 13108
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 1991, Ch. 1055, Sec. 38.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13108.
- Text hash
- sha256 e5f8f1ca9a0f4e80123bcadf2629b2719692863b30322ddd3822c022a872d91b
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.