Legal Question in Wills and Trusts in California

Affidavit for Collection of Personal Property

I have a follow-up to a previous question regarding my mom passing without a will. Is it possible to collect money tht she was owed using the Affadavit for Collection of Personal Property? She left behind nothing - no life insurance, money, property, etc., and the debt owed to her is $10,000 (if we only ask for her initial investment back). Opening probate for such a small amount seems like a lot of work. There is no formal prommisory note though, so I don't know if the Affidavit is a legitimate route. Thank you for previous answers and for looking at this. I am so grateful for any help, as it has seemed difficult to obtain support for such a small matter.


Asked on 3/24/08, 2:40 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Affidavit for Collection of Personal Property

If the debtor will pay you, no problem. If not you will have to sue in the name of the estate. You can look further into the probate by affidavit process which allows one to obtain the decedents personal property assets if they do not exceed a certain amount, I believe $25,000.

Read more
Answered on 3/24/08, 9:32 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Affidavit for Collection of Personal Property

maybe--give it a try

Read more
Answered on 3/25/08, 12:01 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California