Excluding the property described in Section 13050 and any property included in a petition filed under Section 13151, if the gross value of the decedent’s real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will, do any of the following with respect to one or more particular items of property:
(a)Collect any particular item of property that is money due the decedent.
(b)Receive any particular item of property that is tangible personal property of the decedent.
(c)Have any particular item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred, whether or not secured by a lien on real property.
Notes of Decisions
Cited in
10
cases (
6 in the last 5 years), 2013–2025 · leading case:
In re Rodriguez, 488 B.R. 675 (Bankr. E.D. Cal. 2013).
In re Rodriguez, 488 B.R. 675 (Bankr. E.D. Cal. 2013).
· cites it 2× “See Cal. Prob.Code §§ 13100, 13101. 7 However, Peterson has not made a showing that these circumstances exist.”
Sampson v. Gillespie, No. 1:20-cv-00322 (E.D. Cal. Mar. 19, 2021).
· cites it 3× “1 Plaintiff also argues that he has submitted a declaration under California Probate Code § 13100 2 that addresses all the same elements as the affidavit required by California Code of Civil 3 Procedure § 377.”
Stewart v. Terrazas, No. D079591 (Cal. Ct. App. Dec. 22, 2022).
· cites it 2× “III DISCUSSION In her five-page opening appellate brief, the plaintiff appears to suggest that the trial court pressured her into executing the declaration under Probate Code section 13100. However, she presents no cogent argument, supported by legal authorities and citations to…”
Dc Comics v. Pac. Pictures Corp., 545 F. App'x 678 (9th Cir. 2013).
· cites it 2× “Cal. Probate Code § 13100 (1992). Under California law, Jean could not dispose of Joe’s copyright interests before probate.”
Est. of Post, No. A151975 (Cal. Ct. App. June 22, 2018).
“7 Probate Code section 13100 et seq. allows a decedent’s successor in interest to receive the decedent’s personal property by affidavit when the value of property is less than $150,000.”
Est. of Post v. Post, 24 Cal. App. 5th 984 (Cal. Ct. App. 2018).
“Probate Code section 13100 et seq. allows a decedent's successor in interest to receive the decedent's personal property by affidavit when the value of property is less than $150,000.”
Motley v. Smith, No. 1:15-cv-00905 (E.D. Cal. Mar. 17, 2021).
“Plaintiffs have filed both a California Probate Code § 13100 affidavit and a declaration 5 | required by California Code of Civil Procedure § 377.”
Gregory v. Harris, No. 5:21-cv-03311 (N.D. Cal. Jan. 6, 2022).
“, Cal. Prob. Code § 13100 , Mr. Harris does not rely on this 19 statute and has not shown that those circumstances are present here.”
Bank of Saipan v. Ohry, No. 2024-SCC-0001-CIV (N. Mar. I. Mar. 25, 2025).
“Because the probate court entered a decree of final distribution and distributed the entirety of 6 The State of California has a similar statutory framework for summary administration, and it distinguishes between a transferee tasked with receiving the estate property, paying…”
Pellegrini v. Fresno Cnty. Pub. Guardian, No. F088717 (Cal. Ct. App. Nov. 26, 2025).
“5 “Where the money or property claimed in an affidavit or declaration executed under [Probate Code section 13100 et seq.] 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…”
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