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What is considered PERSONAL PROPERTY in California Probate

Resolved Question:

WHat is and is not considered Personal Property under the California Probate Code. i.e.   Cash, personal checking accounts, vehicles, furniture, art, mechanic tools, yard equipment and tools, other tools, tangible items, heavy equipment, clothing, jewlery, ect.... are these considered personal property? what is not considered personal property?
Submitted: 7 years ago.
Category: Legal
Expert:  Matt Kesler replied 7 years ago.
According to California Probate Code Section 6132 subsection (h)(1) tangible personal property for probate reasons is defined as:
Articles of personal or household use or ornament
-Which includes any household items used for decoration or any other purpose. Items specifically listed include furniture, furnishings, automobiles, boats, jewelry, precious
metals in any tangible form, such as bullion or coins and articles held for investment purposes.

Intangible property
-Such as evidences of indebtedness, bank accounts and other monetary deposits, documents of title, or securities.

The code also has other sections explaining further what constitutes personal property in California for Probate reasons but basically you can follow a simple guideline.

If the item was owned by the individual in question and not held in shared ownership by anyone else it would be considered personal property of that person.

Items not included in personal property include those owned by the individual in question and another individual in equal share, items leased or otherwise borrowed from another individual, or items that the person would otherwise not have had full legal claim to during life.

Section 6132 regarding tangible personal property in the probate code can be found here:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=38275028608+1+0+0&WAISaction=retrieve

If you'd like to search the probate code for other details you can access it on-line at this site:

http://www.leginfo.ca.gov/calaw.html
Customer: replied 7 years ago.
Is Tangible Property the same as Personal Property? Tangible is not included in the sentence only "Personal Property"
Expert:  Matt Kesler replied 7 years ago.
Tangible Personal Property is one aspect of personal property.

Tangible property means any actual physical property owned that can be seen and touched such as items in or around the home, a car, etc.

Intangible Personal Property includes bank accounts, evidence of indebtness, etc. Other items that the person owns and/or is responsible for that cannot actually be seen or touched necessarily.

When those two sets of items are combined they make up the whole of personal property as they would be all items the person has sole ownership of both tangible and intangible.
Customer: replied 7 years ago.
Just so I completly understand your answer.

Tangible Property is the same or included as personal property.
Expert:  Matt Kesler replied 7 years ago.
Personal Property includes tangible property.

Tangible property simply means physical property such as a car so personal property that is physically present such as cars or furniture would be tangible personal property.
Matt Kesler, Researcher/Law Student
Category: Legal
Satisfied Customers: 2734
Experience: A year away from my J.D. and I've handled my own legal issues involving the business I own for years
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Matt Kesler
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A year away from my J.D. and I've handled my own legal issues involving the business I own for years