A 13100 affidavit — formally called a California Affidavit for Collection or Transfer of Personal Property — is a legal document used to collect a deceased person's property without going through probate when the total value of the estate falls below the statutory threshold. While this is primarily an estate administration tool, it frequently arises in family law contexts when a spouse dies during or shortly after divorce proceedings, or when a surviving spouse seeks to collect property that passed outside the community estate.
What Is a 13100 Affidavit?
The 13100 affidavit takes its name from California Probate Code section 13100, which authorizes an heir or beneficiary to use a sworn affidavit to collect personal property from the estate of a person who has died without requiring a full probate court proceeding. The affidavit can be used when the total gross value of the decedent's property in California, excluding certain exempt property, does not exceed the statutory small estate limit — which is adjusted periodically for inflation.
When someone presents a 13100 affidavit to a financial institution, employer, or other holder of the decedent's property, the holder is authorized — and required — to transfer the property to the affiant without requiring probate letters or court authorization. This makes the 13100 affidavit a powerful tool for collecting bank accounts, retirement account balances, unpaid wages, and other personal property quickly after a death.
When the 13100 Affidavit Arises in Family Law
In California family law practice, the 13100 affidavit most commonly appears when a spouse or domestic partner dies while a divorce or legal separation is pending. If the deceased spouse held assets in their own name that were community property, the surviving spouse may need to use either the 13100 affidavit or a spousal property petition under Probate Code section 13500 to collect those assets depending on their value and character.
The intersection of community property law and the 13100 affidavit small estate procedure requires careful analysis. Not all property a deceased spouse held is available through the small estate affidavit — property held in trust, real property (which requires a separate procedure), and property with a designated beneficiary passes outside the affidavit process. A California family law attorney can help identify which assets are properly collected through the 13100 affidavit and which require other procedures.
Limits of the 13100 Affidavit
The 13100 affidavit cannot be used until 40 days have elapsed after the decedent's death. It applies only to personal property — not real property such as a house or land. If the estate includes real property, a different procedure under Probate Code section 13150 or a full probate may be required. The affiant must be legally entitled to the property under the decedent's will, by intestate succession, or as a surviving joint tenant or beneficiary.
Furubotten Law, APC handles family law matters throughout Orange County and Riverside County, including situations where a spouse's death intersects with pending divorce proceedings or community property rights. Call (714) 795-3862 for a complimentary case evaluation.