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DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION 13000-13660›PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION 13000-13210›CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property 13100-13117

§ 13108

California Probate Code · 2020-11 edition · updated 2026-10-04 · California

(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.)

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