PROB § 13107.5
Where this section sits in the code
- Probate Code - PROB
- DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000. - 13660.]
- PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000. - 13211.]
- CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100. - 13117.]
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.
Collected 2026-09-14T05:56:33Z. Source file · JSON