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California allows a person with a claim to assets in the estate of someone who has died to collect them without going through formal probate by using an affidavit for collection of personal ...
(3) that the testator executed the will as a free and voluntary act for the purposes expressed in it; (4) that each of the witnesses, in the presence of the testator and of each other, signed the will as a witness; (5) that the testator was of sound mind when the will was executed; and
The form of the statutory declaration is prescribed in the schedule [10] to the Act: "I (full name), do solemnly and sincerely declare that the contents of this declaration are true. And I make this declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835."
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Other jurisdictions restrict to whom death certificates are issued. For example, in the State of New York, only close relatives can obtain a death certificate, including the spouse, parent, child or sibling of the deceased, and other persons who have a documented lawful right or claim, documented medical need, or New York State court order. [8]
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