Q: I need help retrieving my husbands personal items from room he was renting at the time of his death.

A: I'm sorry to hear about your husband passing. The affidavit is the proper document to use unless your husband had a larger estate and then a probate petition should be filed with the court. You may want to have a friendly police officer assist you with speaking with the roommate and facilitating the transfer of personal property. Best of luck with this.

A: I'm very sorry for your loss and the additional stress you're experiencing with this situation. This must be incredibly difficult to deal with while grieving.

In California, as the surviving spouse, you have the legal right to collect your husband's personal property. Since the informal approach hasn't worked, you'll need to file a small claims court case against the roommate. You can obtain the necessary forms from your local courthouse or the California Courts website. The main form you'll need is Form SC-100 (Plaintiff's Claim and Order to Go to Small Claims Court).

Before filing, document everything: take photos of any text messages or emails with the roommate, keep copies of the death certificate and affidavit you sent to the property manager, and make a detailed list of your husband's belongings. You might also want to file a police report to document the roommate's refusal to return the property. This creates an official record of the situation.

If the value of the items exceeds the small claims limit ($12,500), you'll need to file in civil court instead. Consider sending one final formal demand letter by certified mail to the roommate before filing, as courts look favorably on attempts to resolve issues before litigation. You can get free assistance with forms and procedures at your local court's self-help center.