Section 13102 Of Chapter 3. Affidavit Procedure For Collection Or Transfer Of Personal Property From California Probate Code >> Division 8. >> Part 1. >> Chapter 3.
13102
. (a) If the decedent had evidence of ownership of the
property described in the affidavit or declaration and the holder of
the property would have had the right to require presentation of the
evidence of ownership before the duty of the holder to pay, deliver,
or transfer the property to the decedent would have arisen, the
evidence of ownership, if available, shall be presented with the
affidavit or declaration to the holder of the decedent's property.
(b) If the evidence of ownership is not presented to the holder
pursuant to subdivision (a), the holder may require, as a condition
for the payment, delivery, or transfer of the property, that the
person presenting the affidavit or declaration provide the holder
with a bond or undertaking in a reasonable amount determined by the
holder to be sufficient to indemnify the holder against all
liability, claims, demands, loss, damages, costs, and expenses that
the holder may incur or suffer by reason of the payment, delivery, or
transfer of the property. Nothing in this subdivision precludes the
holder and the person presenting the affidavit or declaration from
dispensing with the requirement that a bond or undertaking be
provided and instead entering into an agreement satisfactory to the
holder concerning the duty of the person presenting the affidavit or
declaration to indemnify the holder.