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Section 13101 - Affidavit or declaration furnished holder of decedents property (a) 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 a declaration under penalty of perjury under
Code 13100-13116, the person(s) entitled to the property may present a Small Estate Affidavit, commonly known as an Affidavit for Collection of Personal Property, to the person or institution having custody of the property, requesting that the property be delivered or transferred to the successor.
The document needs to state the following: The name of the person who died. The date and location of the death. That 40 days have passed since the death. That probate has not been initiated. That the estate value does not exceed $166,250. A description of assets to transfer. Names of other successors.
You may be able to use a Small Estate Affidavit to have the property transferred to you. You give this Affidavit to the person, company, or financial institution (such as a bank) that has the property so that they can legally transfer it to your name.
13051. For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedents property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending.
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(Revised: 01/2021) Probate Code section 13100 provides for the collection or transfer of a decedents personal property without the administration of the estate or probate of the will.
A Petition filed under California Probate Code 850 can be utilized to return property or money that was wrongfully taken from a trust or estate, and a request under section 859 can be used in conjunction to punish the wrongdoer.

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