§ 13107.5. — 13107.5. (Amended by Stats. 1992, Ch. 178, Sec. 39.)

California § 13107.5.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 8.: DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION
• Part 1.: PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION
• Ch. 3.: CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property

Text

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.

Legislative History

Amended by Stats. 1992, Ch. 178, Sec. 39. Effective January 1, 1993.