Collection by Affidavit

Probate Code Division 8, Part 2, Chapter 4 deals with collection by affidavit of compensation owed to a deceased spouse regarding passage of property to the surviving spouse without administration.

Section 13600 provides that, at any time after a spouse dies, the surviving spouse or the guardian or conservator of the estate of the surviving spouse may, without procuring letters of administration or awaiting probate of the will, collect salary or other compensation owed by an employer for personal services of the deceased spouse, including compensation for unused vacation, not in excess of $16,625, as adjusted periodically.

Section 13601 states that, in order to collect salary or other compensation under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state must be furnished to the employer of the deceased spouse stating all ten of the required items. Reasonable proof of the identity of the surviving spouse is to be provided to the employer.

Section 13602 says that the employer to whom the affidavit or declaration is presented must promptly pay the earnings of the decedent, including compensation for unused vacation to the person presenting the affidavit or declaration.

Section 13603 states that receipt by the employer of the affidavit or declaration constitutes sufficient acquittance for the compensation paid pursuant to this chapter and discharges the employer from any further liability with respect to the compensation paid.

Section 13604 provides that, if the employer refuses to pay as required by this chapter, the surviving spouse may recover the amount the surviving spouse is entitled to receive under this chapter in an action brought for that purpose against the employer.

Section 13605 states that nothing in this chapter limits the rights of the heirs or devisees of the deceased spouse. Payment of a decedent’s compensation pursuant to this chapter does not preclude later proceedings for administration of the decedent’s estate.

Section 13606 explains that the procedure provided in this chapter is in addition to, and not in lieu of, any other method of collecting compensation owed to a decedent.