How to Collect Deceased Spouse’s Salary Without a Probate

California Probate Code §13600

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 letter of administration or awaiting probate of the will, collect the salary or other compensation owed by an employer for personal services of the deceased spouse, including compensation for unused vacation, not in excess of fifteen thousand dollars ($15,000) net.

To collect the salary or other compensation under this code section, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished to the employer.  If the employer does not personally know the affiant or declarant, reasonable proof of identify must be provided to the employer.  The declaration or the affidavit must conform to the requirements of California Probate Code §13601(a).  Also, this code section could apply to domestic partners.

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