SB 1387, as introduced, De León. Collection or transfer of personal property: affidavit procedure.
Existing law requires, in order to collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under specified provisions, an affidavit or a declaration under penalty of perjury to be furnished to the holder of the decedent’s property stating certain information. Existing law requires reasonable proof of the identity of each person executing the affidavit or declaration to be provided to the holder of the decedent’s property, and authorizes the holder to, if the affidavit or declaration is executed in the presence of the holder, reasonably rely on specified information as reasonable proof of identity, including a passport issued by a foreign government that has been stamped by the United States Immigration and Naturalization Service, as specified.
This bill would make nonsubstantive, technical changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13104 of the Probate Code is amended
2to read:
(a) Reasonable proof of the identity of each person
2executing the affidavit or declaration shall be provided to the holder
3of the decedent’s property.
4(b) Reasonable proof of identity is provided for the purposes of
5this section if both of the following requirements are satisfied:
6(1) The person executing the affidavit or declaration is
7personally known to the holder.
8(2) The person executes the affidavit or declaration in the
9presence of the holder.
10(c) If the affidavit or declaration is executed in the presence of
11the holder, a
written statement under penalty of perjury by a person
12personally known to the holder affirming the identity of the person
13executing the affidavit or declaration is reasonable proof of identity
14for the purposes of this section.
15(d) If the affidavit or declaration is executed in the presence of
16the holder, the holder may reasonably rely on any of the following
17as reasonable proof of identity for the purposes of this section:
18(1) An identification card or driver’s license issued by the
19Department of Motor Vehiclesbegin delete of this stateend delete that is current or was
20issued during the preceding five years.
21(2) A passport issued by thebegin insert United Statesend insert
Department of State
22begin delete of the United Statesend delete that is current or was issued during the
23preceding five years.
24(3) Any of the following documents if the document is current
25or was issued during the preceding five years and contains a
26photograph and description of the person named on it, is signed
27by the person, and bears a serial or other identifying number:
28(A) A passport issued by a foreign government that has been
29stamped by the United Statesbegin delete Immigration and Naturalization begin insert Customs and Border Protection.end insert
30Service.end delete
31(B) A driver’s license issued by a state other than California.
32(C) An identification card issued by a state other than California.
33(D) An identification card issued by any branch of the armed
34forces of the United States.
35(e) For the purposes of this section, a notary public’s certificate
36of acknowledgment identifying the person executing the affidavit
37or declaration is reasonable proof of identity of the person
38executing the affidavit or declaration.
39(f) Unless the affidavit or declaration contains a notary public’s
40certificate of acknowledgment of the identity of the person, the
P3 1holder shall note on the affidavit or declaration either that the
2person executing the affidavit or declaration is personally known
3or a description of the identification provided by the person
4
executing the affidavit or declaration.
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