Cal. Code Regs. Tit. 25, § 5542.1 - Endorsement for a Deceased Registered Owner, Legal Owner, or Junior Lienholder

(a) In order for an heir or beneficiary pursuant to a decedent's will, other than a TOD beneficiary, to sign a document for a deceased registered owner, legal owner, or junior lienholder, the following shall apply:

(1) The application for registration shall include a copy of the death certificate of the deceased owner and the heir shall complete:

(A) his, her, or its statement, signed under penalty of perjury, which includes:

1. the unit identifying information;

2. the name of the deceased individual;

3. the date of death of that individual;

4. the place of death, city and state or province, and country;

5. a statement that said deceased left no other property necessitating probate and no probate proceeding is now being or has been conducted in this state for the decedent's estate; that said unit has not been by will bequeathed to anyone else; either

A. that the decedent left no will and the declarant(s) is(are) entitled to the above-described unit as the sole heir (or heirs) pursuant to 6401 and 6402 of the California Probate Code, or

B. that the decedent left a will and the declarant(s) are entitled to the above-described unit as the sole beneficiary (or beneficiaries) under the decedent's last will; that no one has a right to the unit that is superior to that of the declarant(s); that forty (40) days have elapsed since the decedent's death; and that there are no unsecured creditors of the deceased whose claims remain unsatisfied or:

(B) his, her, or its statement, signed under penalty of perjury, which includes the information specified in subsections (A)1. through (A) 4., above, and a copy of each of the following documents, each of which shall contain an endorsement or stamp by the clerk of a Superior Court indicating the date the document was filed by that court:

1. an order by the Superior Court settling the final account and final distribution of the decedent's estate, which contains a description of the unit and of the declarant(s) sufficient for the department to determine that the declarant(s) is(are) the party(ies) to whom the decedent's interest in the unit was settled;

2. a receipt evidencing the declarants' (s's) receipt of the unit or an order of the Superior Court excusing the filing of the receipts by the decedent's heirs and beneficiaries; and

3. an order of the Superior Court discharging the decedent's personal representative (administrator, executor, etc.) from liability.

(2) An endorsement by an heir or beneficiary shall consist of the printed or written name of the deceased registered owner followed by the signature of each heir or beneficiary.

(3) If the signatures are required to transfer a registered owner's interest in a unit, no TOD beneficiary shall have been designated by the decedent registered owner.

(b) For the TOD Beneficiary to transfer ownership to him or herself after the death of the registered owner;

(1) The TOD beneficiary shall submit, with the application for registration, a copy of the death certificate of the deceased registered owner, and

(2) and a statement, signed under penalty of perjury, which contains the following information:

(A) the unit identifying information;

(B) the name of the party to whom the unit is to be registered ;and

(C) the date the registered owner of the unit died and the place of death.

(3) An endorsement by a TOD beneficiary shall consist of the printed or written name of the deceased registered owner followed by the signature of the TOD beneficiary.

(c) For an administrator of an estate to sign documents for a deceased registered owner, legal owner, or junior lienholder, the following shall apply:

(1) The administrator shall submit, with the application for registration, a copy of the Letters of Administration containing an endorsement or stamp by the clerk of a Superior Court indicating the date the document was filed by the court.

(2) An endorsement by an administrator of an estate shall consist of, either:,

(A) the printed or written name of the registered owner, legal owner, or junior lienholder, followed by the signature of the administrator, using the exact name used in the Letters of Administration, and followed by the word "Administrator," or

(B) the signature of the administrator, using the exact name used in the Letters of Administration, followed by "Administrator of the Estate of (name of the decedent)."

(d) For a public administrator to sign documents for a deceased registered owner, legal owner, or junior lienholder, the following shall apply:

(1) When the administrated estate is valued at more than $10,000 and not in excess of $100,000 or any greater amount prescribed in Probate Code Section 13100, a copy of the court order authorizing the distribution of the property, containing an endorsement or stamp by the clerk of a Superior Court indicating the date the document was filed by the court, shall be submitted as part of the application for registration.

(2) When an estate is valued at $10,000 or less, the public administrator shall provide a statement signed under penalty of perjury, that includes, but is not limited to, the following information:

(A) The unit identifying information;

(B) a statement that the decedent's estate was valued at $10,000 or less.

(3) An endorsement by a public administrator shall consist of:

(A) the printed or written name of the registered owner, legal owner, or junior lienholder, followed by the signature of the public administrator or a deputy public administrator, and followed by the words "Public Administrator"; or

(B) the signature of the public administrator or a deputy public administrator, followed by "Public Administrator of the Estate of (name of the decedent)."

(e) In order for an executor of an estate to sign documents for a deceased registered owner, legal owner or junior lienholder, the following shall apply:

(1) A copy of the Letters Testamentary, containing an endorsement or stamp by the clerk of a Superior Court indicating the date the document was filed by the court, shall be submitted with the application for registration.

(2) An endorsement by an executor of an estate shall consist of;

(A) the printed or written name of the registered owner, legal owner, or junior lienholder, followed by the signature of the executor, using the exact name used in the Letters Testamentary and followed by the word "Executor," or

(B) The signature of the executor, using the exact name used in the Letters Testamentary, followed by "Executor of the Estate of (name of the decedent)."

Notes

Cal. Code Regs. Tit. 25, § 5542.1

1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).

Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.1, 18080.2, 18085, 18100.5, and 18102, Health and Safety Code.

1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).