Do An Unclaimed Property Search Then Use An Affidavit of Collection of Personal Property
Affidavit for Collection of Personal Property
The undersigned state(s) as follows:
1. _______________________________________ died on ___________, 20____, in the County of _____________________________, State of California.
2. At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the decedent’s death certificate attached to this affidavit or declaration.
3. □ No proceeding is now being or has been conducted in California for administration of the decedent’s estate.
□ The decedent’s personal representative has consented in writing to the payment, transfer, or delivery to the affiant or declarant of the property described in the affidavit or declaration.
4. The current gross fair market value of the decedent’s real and personal property in California, excluding the property described in Section 13050 of the California Probate Code, does not exceed one hundred fifty thousand dollars ($150,000).
5. □ An inventory and appraisal of the real property included in the decedent’s estate is attached.
□ There is no real property in the estate.
6. The following property to be transferred, delivered, or paid to the affiant under the provisions of California Probate Code section 13100:
7. The successor(s) of the decedent, as defined in Probate Code Section 13006 is/are:
8. The undersigned
□ The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent’s interest in the described property.
□ The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.
- 9. No other person has a superior right to the interest of the decedent in the described property.
10. The affiant or declarant requests that the described property be paid, delivered, or transferred to the affiant or declarant.
The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
State of California
County of _____________________________)
On _________________________ before me,
(insert name and title of the officer)
personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Do A Free Unclaimed Property Search
Never pay for an online unclaimed property search because securities laws require financial intuitions to post unclaimed property online for free. Beware of websites that want to charge you money for legal public information like unclaimed stocks and bonds.
Find out if you have the seeds of a personal money tree planted for you via an unclaimed property search at the State of California Controller John Chaing’s unclaimed property search website.
From the California Controller website:
California’s Unclaimed Property Law requires corporations, businesses, associations, financial institutions, and insurance companies (referred to as “Holders”) to annually report and deliver property to the California State Controller’s Office after there has been no activity on the account or contact with the owner for a period of time specified in the law – generally (3) three years or more.
Collecting Your Unclaimed Property
The financial institution will probably tell you that you have to obtain letters of administration to obtain the unclaimed funds and this is not the case if the amount of unclaimed property is less than $150,000 pursuant to Section 13100 of the California Probate Code:
13100. Excluding the property described in Section 13050, if the gross value of the decedent’s real and personal property in this state does not exceed one hundred fifty thousand dollars ($150,000) 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.