California Senate Bill SB1387 Introduced / Bill

 BILL NUMBER: SB 1387INTRODUCED BILL TEXT INTRODUCED BY Senator De Len FEBRUARY 19, 2016 An act to amend Section 13104 of the Probate Code, relating to probate. LEGISLATIVE COUNSEL'S DIGEST SB 1387, as introduced, De Len. Collection or transfer of personal property: affidavit procedure. Existing law requires, in order to collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under specified provisions, an affidavit or a declaration under penalty of perjury to be furnished to the holder of the decedent's property stating certain information. Existing law requires reasonable proof of the identity of each person executing the affidavit or declaration to be provided to the holder of the decedent's property, and authorizes the holder to, if the affidavit or declaration is executed in the presence of the holder, reasonably rely on specified information as reasonable proof of identity, including a passport issued by a foreign government that has been stamped by the United States Immigration and Naturalization Service, as specified. This bill would make nonsubstantive, technical changes to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13104 of the Probate Code is amended to read: 13104. (a) Reasonable proof of the identity of each person executing the affidavit or declaration shall be provided to the holder of the decedent's property. (b) Reasonable proof of identity is provided for the purposes of this section if both of the following requirements are satisfied: (1) The person executing the affidavit or declaration is personally known to the holder. (2) The person executes the affidavit or declaration in the presence of the holder. (c) If the affidavit or declaration is executed in the presence of the holder, a written statement under penalty of perjury by a person personally known to the holder affirming the identity of the person executing the affidavit or declaration is reasonable proof of identity for the purposes of this section. (d) If the affidavit or declaration is executed in the presence of the holder, the holder may reasonably rely on any of the following as reasonable proof of identity for the purposes of this section: (1) An identification card or driver's license issued by the Department of Motor Vehicles  of this state  that is current or was issued during the preceding five years. (2) A passport issued by the  United States  Department of State  of the United States  that is current or was issued during the preceding five years. (3) Any of the following documents if the document is current or was issued during the preceding five years and contains a photograph and description of the person named on it, is signed by the person, and bears a serial or other identifying number: (A) A passport issued by a foreign government that has been stamped by the United States  Immigration and Naturalization Service.   Customs and Border Protection.  (B) A driver's license issued by a state other than California. (C) An identification card issued by a state other than California. (D) An identification card issued by any branch of the armed forces of the United States. (e) For the purposes of this section, a notary public's certificate of acknowledgment identifying the person executing the affidavit or declaration is reasonable proof of identity of the person executing the affidavit or declaration. (f) Unless the affidavit or declaration contains a notary public's certificate of acknowledgment of the identity of the person, the holder shall note on the affidavit or declaration either that the person executing the affidavit or declaration is personally known or a description of the identification provided by the person executing the affidavit or declaration.