Collection By Affidavit Of Compensation Owed To Deceased Spouse - Passage Of Property To Surviving Spouse Without Administration - Probate - CA

Section § 13600

If a spouse passes away, the surviving spouse or their guardian can collect up to $16,625, adjusted over time, from the deceased's unpaid salary or compensation without having to go through formal probate processes. This limit applies to all employers of the deceased combined. The guardian doesn't need court approval to act on behalf of the surviving spouse. However, this monetary limit does not apply if the deceased was a firefighter or peace officer.

(a) 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 sixteen thousand six hundred twenty-five dollars ($16,625), as adjusted periodically in accordance with Section 890, net.

(b) Not more than sixteen thousand six hundred twenty-five dollars ($16,625), as adjusted periodically in accordance with Section 890, net in the aggregate may be collected by or for the surviving spouse under this chapter from all of the employers of the decedent.

(c) For the purposes of this chapter, a guardian or conservator of the estate of the surviving spouse may act on behalf of the surviving spouse without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending.

(d) The dollar limit set forth in subdivisions (a) and (b) does not apply to the surviving spouse or the guardian or conservator of the estate of the surviving spouse of a firefighter or peace officer described in subdivision (a) of Section 22820 of the Government Code.

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Section § 13601

If you are a surviving spouse or a legal representative of a deceased person and want to collect their salary or unused vacation pay, you need to provide the deceased person’s employer with a sworn statement. This statement must include details like the deceased's name, date and place of death, and confirm your relationship or role. You must also affirm that you're entitled to the deceased's earnings and that no estate administration is underway. If dealing with a firefighter or peace officer, some details can be omitted. You must provide proof of identity, and if acting as a guardian or conservator, proof of appointment. The maximum amount you can collect depends on when the deceased passed away, with specific amounts set for each period.

(a) To collect salary or other compensation under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished to the employer of the deceased spouse stating all of the following:

(1) The name of the decedent.

(2) The date and place of the decedent’s death.

(3) Either of the following, as appropriate:

(A) “The affiant or declarant is the surviving spouse of the decedent.”

(B) “The affiant or declarant is the guardian or conservator of the estate of the surviving spouse of the decedent.”

(4) “The surviving spouse of the decedent is entitled to the earnings of the decedent under the decedent’s will or by intestate succession and no one else has a superior right to the earnings.”

(5) “No proceeding is now being or has been conducted in California for administration of the decedent’s estate.”

(6) “Sections 13600 to 13605, inclusive, of the California Probate Code require that the earnings of the decedent, including compensation for unused vacation, not in excess of [Insert dollar amount specified in subdivision (e) of Section 13601 of the California Probate Code] net, be paid promptly to the affiant or declarant.”

(7) “Neither the surviving spouse, nor anyone acting on behalf of the surviving spouse, has a pending request to collect compensation owed by another employer for personal services of the decedent under Sections 13600 to 13605, inclusive, of the California Probate Code.”

(8) “Neither the surviving spouse, nor anyone acting on behalf of the surviving spouse, has collected any compensation owed by an employer for personal services of the decedent under Sections 13600 to 13605, inclusive, of the California Probate Code except the sum of ____ dollars ($____) that was collected from ____.”

(9) “The affiant or declarant requests that the affiant or declarant be paid the salary or other compensation owed by you for personal services of the decedent, including compensation for unused vacation, not to exceed [Insert dollar amount specified in subdivision (e) of Section 13601 of the California Probate Code] net, less the amount of ____ dollars ($____) that was previously collected.”

(10) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

(b) Where the decedent is a firefighter or peace officer described in subdivision (a) of Section 22820 of the Government Code, the affidavit or declaration need not include the content specified in paragraphs (6) to (9), inclusive, of subdivision (a). The affidavit shall instead include the following statements:

(1) “The decedent was a firefighter or peace officer described in subdivision (a) of Section 22820 of the Government Code. Sections 13600 to 13605, inclusive, of the California Probate Code require that the earnings of the decedent, including compensation for unused vacation, be paid promptly to the affiant or declarant.”

(2) “The affiant or declarant requests to be paid the salary or other compensation owed by you for personal services of the decedent, including compensation for unused vacation.”

(c) Reasonable proof of the identity of the surviving spouse shall be provided to the employer. If a guardian or conservator is acting for the surviving spouse, reasonable proof of the identity of the guardian or conservator shall also be provided to the employer. Proof of identity that is sufficient under Section 13104 is sufficient proof of identity for the purposes of this subdivision.

(d) If a person presenting the affidavit or declaration is a person claiming to be the guardian or conservator of the estate of the surviving spouse, the employer shall be provided with reasonable proof, satisfactory to the employer, of the appointment of the person to act as guardian or conservator of the estate of the surviving spouse.

(e)

(1) When the decedent dies prior to April 1, 2022, the dollar amount for paragraphs (6) and (9) of subdivision (a) is sixteen thousand six hundred twenty-five dollars ($16,625).

(2) When the decedent dies on or after April 1, 2022, the dollar amount for paragraphs (6) and (9) of subdivision (a) is the adjusted dollar amount, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death. The affiant or declarant shall attach the list of adjusted dollar amounts, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death to the affidavit or declaration.

surviving spouse salary collection unused vacation pay affidavit for deceased compensation ...

Section § 13602

If all the conditions in Section 13600 are met, an employer must quickly pay any owed wages, like vacation pay, of someone who has died to the person who provides the required paperwork.

If the requirements of Section 13600 are satisfied, the employer to whom the affidavit or declaration is presented shall promptly pay the earnings of the decedent, including compensation for unused vacation, as provided in Section 13600, to the person presenting the affidavit or declaration.

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Section § 13603

This law explains that if an employer receives a valid affidavit or declaration as required by a related law (Section 13601), the employer can be confident that they have fulfilled their payment obligations. The receipt of this document releases the employer from any further responsibility regarding that payment. The employer is allowed to trust the statements in the affidavit or declaration without needing to check their accuracy.

If the requirements of Section 13601 are satisfied, 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. The employer may rely in good faith on the statements in the affidavit or declaration and has no duty to inquire into the truth of any statement in the affidavit or declaration.

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Section § 13604

This law states that if an employer doesn't pay the amounts owed under certain conditions described in this chapter, the surviving spouse can sue the employer to recover what's owed.

If the spouse wins the lawsuit and the court decides the employer was unreasonable in not paying, the employer must also pay for the spouse's legal fees.

(a) 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.

(b) If an action is brought against the employer under this section, the court shall award reasonable attorney’s fees to the surviving spouse if the court finds that the employer acted unreasonably in refusing to pay as required by this chapter.

employer refuses payment surviving spouse rights recover entitlement ...

Section § 13605

This law section ensures the rights of a deceased spouse's heirs or beneficiaries are not affected by payments made after their death. Even if someone receives payment shortly after the person dies, it doesn't stop further legal processes regarding the estate.

Additionally, anyone who receives a payment this way must later answer to the estate's executor, and if there's someone with a better claim to that money, the recipient is responsible for handing it over. If someone tricks the system to get a payment, they have to pay back three times the money to the rightful owner.

(a) 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.

(b) Any person to whom payment is made under this chapter is answerable and accountable therefor to the personal representative of the decedent’s estate and is liable for the amount of the payment to any other person having a superior right to the payment received. In addition to any other liability the person has under this section, a person who fraudulently secures a payment under this chapter is liable to a person having a superior right to the payment for three times the amount of the payment.

heirs rights devisees rights deceased spouse ...

Section § 13606

This law section explains that the procedure for collecting money owed to someone who has passed away, outlined in this chapter, can be used alongside other methods. It does not replace those other methods.

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.

deceased person's debt collection additional compensation recovery decendent's owed money ...