PROPERTY EXCLUDED FROM DETERMINING THE GROSS FAIR MARKET VALUE OF DECEDENT’S REAL AND PERSONAL PROPERTY IN CALIFORNIA
Excluding the property described in Section 13050 (below), if the gross value of the decedent's
real and personal property in this state does not exceed one hundred sixty-six thousand two
hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890,1
and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without
procuring letters of administration or awaiting probate of the will, do any of the following with
respect to one or more particular items of property:
(a) Collect any particular item of property that is money due the decedent.
(b) Receive any particular item of property that is tangible personal property of the decedent.
(c) Have any particular item of property that is evidence of a debt, obligation, interest, right,
security, or chose in action belonging to the decedent transferred, whether or not secured by a lien
on real property. (Prob. Code, § 13100.)
§ 13050. Property excluded in determining property or estate of decedent or its value
(a) For the purposes of this part:
(1) Any property or interest or lien thereon that, at the time of the decedent's death, was held by
the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon
the decedent's death, or that was held by the decedent and passed to the decedent's surviving spouse
pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent
or its value. This excluded property shall include, but not be limited to, property in a trust revocable
by the decedent during the decedent's lifetime.
(2) A multiple-party account to which the decedent was a party at the time of the decedent's death
shall be excluded in determining the property or estate of the decedent or its value, whether or not
all or a portion of the sums on deposit are community property, to the extent that the sums on
deposit belong after the death of the decedent to a surviving party, P.O.D. payee, or beneficiary.
For the purposes of this paragraph, the terms “multiple-party account,” “party,” “P.O.D. payee,”
and “beneficiary” are defined in Article 2 (commencing with Section 5120) of Chapter 1 of Part 2
of Division 5.
(b) For the purposes of this part, all of the following property shall be excluded in determining the
property or estate of the decedent or its value:
(1) Any vehicle registered under Division 3 (commencing with Section 4000) of the Vehicle Code
or titled under Division 16.5 (commencing with Section 38000) of the Vehicle Code.
(2) Any vessel numbered under Division 3.5 (commencing with Section 9840) of the Vehicle
Code.
(3) Any manufactured home, mobilehome, commercial coach, truck camper, or floating home
registered under Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety
Code.
(c) For the purposes of this part, the value of the following property shall be excluded in
determining the value of the decedent's property in this state:
(1) Any amounts due to the decedent for services in the Armed Forces of the United States.
(2) The amount, not exceeding sixteen thousand six hundred twenty-five dollars ($16,625), as
adjusted periodically in accordance with Section 890, of salary or other compensation, including
compensation for unused vacation, owing to the decedent for personal services from any
employment. (Prob. Code, § 13050.)
DEFINITION OF SUCCESSOR OF THE DECEDENT
“Successor of the decedent” means:
(a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded
to a particular item of property of the decedent under the decedent's will. For the purposes of this
part, a trust is a beneficiary under the decedent's will if the trust succeeds to the particular item of
property under the decedent's will.
(b) If the decedent died without a will, the sole person or all of the persons who succeeded to the
particular item of property of the decedent under Sections 6401 and 6402 or, if the law of a sister
state or foreign nation governs succession to the particular item of property, under the law of the
sister state or foreign nation. (Prob. Code, § 13006.)
DEFINITION OF GUARDIAN, CONSERVATOR, TRUSTEE, CUSTODIAN, FOREIGN PERSONAL REPRESENTATIVE, OR ATTORNEY IN FACT
§ 13051. Guardian or conservator; trustee; custodian; sister state personal representative;
durable power of attorney
For the purposes of this part:
(a) The guardian or conservator of the estate of a person entitled to any of the decedent's property
may act on behalf of the person without authorization or approval of the court in which the
guardianship or conservatorship proceeding is pending.
(b) The trustee of a trust may act on behalf of the trust. In the case of a trust that is subject to
continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of
Part 5 of Division 9, the trustee may act on behalf of the trust without the need to obtain approval
of the court.
(c) If the decedent's will authorizes a custodian under the Uniform Gifts to Minors Act or the
Uniform Transfers to Minors Act of any state to receive a devise to a beneficiary, the custodian
may act on behalf of the beneficiary until such time as the custodianship terminates.
(d) A sister state personal representative may act on behalf of the beneficiaries as provided in
Chapter 3 (commencing with Section 12570) of Part 13 of Division 7.
(e) The attorney in fact authorized under a durable power of attorney may act on behalf of the
beneficiary giving the power of attorney. (Prob. Code, § 13051.)