Legal Definition
If a nondomiciliary decedent’s property in this state satisfies the requirements of Section 13100, a sister state personal representative may, without petitioning for ancillary administration, use the affidavit procedure provided by Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 to collect personal property of the decedent.
Basic Definition
Section 12570: A sister state personal representative can use an affidavit procedure to collect a decedent’s property in California without ancillary administration.
In-Depth Overview and Use Cases
Section 12570 allows personal representatives from other states (sister states) to use a simplified affidavit process to collect personal property from a decedent’s estate in California. This section streamlines the process for out-of-state personal representatives by allowing them to avoid the full ancillary probate process, which is typically more cumbersome. The affidavit procedure is typically used when the decedent’s property in California is limited in value or scope and does not necessitate a full probate administration.
Application & Relevance
Attorneys dealing with estates that involve out-of-state decedents and property in California will reference Section 12570 to streamline the probate process. This section helps attorneys in California avoid the complexities of ancillary probate for smaller estates by allowing a simplified process. This is particularly useful in probate litigation when an estate involves assets in multiple jurisdictions, and the goal is to minimize costs and delays associated with out-of-state probate procedures. Attorneys use this section to expedite the administration of estates that have minimal property in California, thereby speeding up the resolution of estate matters.
Legal Scenario
Inheritance Disputes & Theft
Probate Code Impact
When a decedent’s property is located in California but they resided in another state, the out-of-state personal representative can quickly collect personal property using an affidavit, avoiding lengthy litigation.
Legal Scenario
Estate & Probate Administration
Probate Code Impact
Section 12570 allows for the swift resolution of estates involving properties in multiple states, especially when the personal property in California is of limited value, simplifying estate administration and avoiding full ancillary probate.
