State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 3710-3712

PROBATE CODE
SECTION 3710-3712



3710.  The family of an absentee may collect, receive, dispose of,
or engage in any transaction relating to the absentee's personal
property situated in this state without any judicial proceeding if
all the following conditions are satisfied:
   (a) The absentee owns no real property situated in this state.
   (b) The aggregate value of all of the absentee's personal property
situated in this state is five thousand dollars ($5,000) or less,
excluding any money owed the absentee by the United States.
   (c) The family of the absentee needs to dispose of such personal
property to provide for shelter, food, health care, education,
transportation, or the maintenance of a reasonable and adequate
standard of living for the family of the absentee.



3711.  (a) If the conditions set forth in Section 3710 are
satisfied, the family of the absentee may have any evidence of
interest, indebtedness, or right attributable to the absentee's
personal property transferred to the family of the absentee, or
transferred to the person to whom the property is to be sold or
transferred by the family of the absentee, upon furnishing the person
(including any governmental body) having custody of the property
both of the following:
   (1) A certificate of missing status.
   (2) An affidavit stating under oath that the provisions of this
article are applicable and that the aggregate value of all property
received pursuant to this affidavit, together with all other property
previously received under this article, does not exceed five
thousand dollars ($5,000).
   (b) The receipt of a certificate of missing status and affidavit
under subdivision (a) constitutes sufficient acquittance for any
payment of money or delivery of property made pursuant to this
article and fully discharges the recipient from any further liability
concerning the money or property without the necessity of inquiring
into the truth of any of the facts stated in the affidavit.



3712.  The time within which an absentee may commence an action
against any person who executes an affidavit and receives property
pursuant to this article commences to run on the earlier of the
following dates:
   (a) Ninety days after the absentee returns to the United States
after the termination of the condition that caused the classification
of an absentee.
   (b) Two years after the termination of the condition that caused
the classification of an absentee.