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California · Through 2026-09-13

PROB § 13107.5

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Where this section sits in the code
  1. Probate Code - PROB
  2. DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000. - 13660.]
  3. PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000. - 13211.]
  4. 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

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