Decedent's estates: sister state personal representatives.

(1) Existing law provides a procedure by which a sister state personal representative of a nondomiciliary decedent may, without petitioning for an ancillary probate administration, use an affidavit procedure to collect personal property of the decedent, provided that the value of the estate is under $100,000, except as specified. This bill would create a procedure by which a sister state personal representative of a nondomiciliary decedent is permitted to use an affidavit procedure to collect personal property of a decedent when the gross value of the estate is in excess of $100,000, the decedent did not own real property in California at the time of death, and the sister state personal representative satisfies certain notice requirements. The bill would specify the form of the affidavit or declaration, to be made under penalty of perjury. By changing the definition of the crime of perjury, this bill would impose a state-mandated local program. The bill would require that the sister state personal representative provide relevant evidence of ownership. The bill would require that reasonable proof of the identity of the sister state personal representative executing the affidavit or declaration be provided to the holder of the decedent's property, as specified. The bill would provide, upon satisfying the requirements of the procedure, that the sister state personal representative may compel the holder of the property at issue to deliver it, and would provide for an award of attorney's fees in an action to enforce this right if the court finds that the person holding the property acted unreasonably. The bill would provide that a property holder who surrenders property pursuant to this process is released from liability, as specified. The bill would prohibit the use of this procedure if an administration of the decedent's estate is pending, and would provide that the payment or delivery of property pursuant to its provisions would not preclude later proceedings. The bill would specify how property is to be restored to the decedent's estate if proceedings are later commenced. The bill would specify that its provisions do not apply to transfer of real property. The bill would permit a public administrator who has possession of a decedent's property to refuse to deliver it if payment of specified costs and fees has not first been made. The bill would provide that a public administrator who receives an affidavit as prescribed by these provisions does not have any obligation to administer the decedent's estate or to petition for the administration of the estate. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.