§3-1201. Collection of personal property by affidavit

312 words·~1 min read·/me/title-18-c-probate-code/3-1201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Affidavit; duty to deliver property. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

A. The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $40,000, adjusted for inflation pursuant to section 1‑108 ; [PL 2025, c. 76, §1 (AMD).]

B. Thirty days have elapsed since the death of the decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

C. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

D. The claiming successor is entitled to payment or delivery of the property. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

[PL 2025, c. 76, §1 (AMD).]

2. Securities. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection 1 .

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Publication. A county probate court shall annually publish on the court's publicly accessible website the value described in subsection 1, paragraph A , including the adjustment for inflation.

[PL 2025, c. 76, §2 (NEW).]