Q: What happens if no comply after giving a affidavit of property no probate no will
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.