Walnut Creek, CA asked in Probate for California

Q: What happens if no comply after giving a affidavit of property no probate no will

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1 Lawyer Answer
Bruce Adrian Last
Bruce Adrian Last
  • Probate Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: Dear Walnut Creek:

I am having trouble deciphering your question. I think you are asking "What happens if the holder of a Decedent's property refuses to turn the property over after being presented with an Affidavit under Probate Code section 13100?"

Assuming that all the requirements of Probate Code section 13000 et seq were met, the next step would be to file an action for recovery of the property. If the court finds that the holder of the property acted unreasonably in refusing to turn over the property, the court can award reasonable attorney's fees under Probate Code section 13105.

If you have further questions about the Probate Code section 13000 procedure, you may wish to discuss your matter with an attorney. Most county bar associations offer a lawyer referral service where, for a small or no fee, you receive a consultation with an attorney. In Contra Costa County, the fee is $35 for a 1/2 hour consultation.

Good luck.

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