Code Section

Probate Code - PROB

DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660]

  ( Division 8 enacted by Stats. 1990, Ch. 79. )
  

PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13210]

  ( Part 1 enacted by Stats. 1990, Ch. 79. )
  

CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13116]
  ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

  
13105.  

(a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied:

(1) The person or persons executing the affidavit or declaration as successor of the decedent are entitled to have the property described in the affidavit or declaration paid, delivered, or transferred to them.

(2) A transfer agent of a security described in the affidavit or declaration shall change the registered ownership on the books of the corporation from the decedent to the person or persons executing the affidavit or declaration as successor of the decedent.

(b) If the holder of the decedent’s property refuses to pay, deliver, or transfer any personal property or evidence thereof to the successor of the decedent within a reasonable time, the successor may recover the property or compel its payment, delivery, or transfer in an action brought for that purpose against the holder of the property. If an action is brought against the holder under this section, the court shall award reasonable attorney’s fees to the person or persons bringing the action if the court finds that the holder of the decedent’s property acted unreasonably in refusing to pay, deliver, or transfer the property to them as required by subdivision (a).

(Enacted by Stats. 1990, Ch. 79.)