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HomeBusiness and Professions CodeDiv. 9Ch. 2§ 23102 License Transfer After Death

§ 23102 License Transfer After Death

Business and Professions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23102 License Transfer After Death

Key Takeaways

  • •If a person with a license dies or can't handle their duties, someone else can use the license for up to 30 days.
  • •If there's no one else with the license, any person acting for the deceased or unable person can use the license for 30 days.
  • •After 30 days, the license can be used for another 60 days without transferring it, and after that, it needs to be transferred to someone else.
  • •If the license is for a business that pays taxes, the person using the license must follow tax rules and might need to provide a bond.

Example

A small business owner who has a license to sell alcohol passes away suddenly.

The business owner's partner can keep running the business and using the license for 30 days. If there's no partner, an employee or family member can step in. After 30 days, they can continue for another 60 days. If they want to keep the business running after that, they need to officially transfer the license to their name. They also need to make sure they follow tax rules during this time.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23102 License Transfer After Death

(a) On the death, insolvency or incompetency to act of a natural person who is a licensee, the privileges of the license may be exercised by a competent surviving colicensee for thirty (30) days or until an administrator, executor, guardian, conservator, receiver, trustee or assignee for the benefit of creditors of the estate of the deceased, incompetent or insolvent licensee has been appointed, whichever first occurs. If there is no competent surviving colicensee, the privileges of the license may be exercised by any person acting on behalf of the deceased or incompetent licensee or his estate. (b) At the end of the period permitted by subsection (a) of this section the privileges of the license may be exercised for sixty (60) days without transfer and thereafter upon transfer by the administrator, executor, guardian, conservator, receiver, trustee or assignee for the benefit of creditors of the estate of the deceased, incompetent or insolvent licensee, acting jointly with any competent surviving colicensee if such joint action is required by law. The sixty (60) day period provided for in this subsection may be extended by the department for good cause. (c) If prior to the expiration of the period permitted by subsection (b) and any extension thereof there has been filed and is pending an application to transfer the license pursuant to Section 24071 or otherwise, the persons exercising the privilege of the license under subsection (b) may continue to do so until such application is finally granted or denied. (d) If the license was issued to a taxpayer as defined in Section 32005 of the Revenue and Taxation Code, the person exercising the privileges of the license hereunder shall be deemed to be a taxpayer and shall file an appropriate bond for the purposes of Part 14 (commencing at Section 32001) of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 1977, Ch. 338.)

Last verified: January 22, 2026

Key Terms

licenseecompetent surviving colicenseeadministratorexecutorguardian

Related Statutes

  • § 23104.4 Estate Alcoholic Beverage Sales
  • § 24075 License Transfer Exemptions
  • § 10079 Attorney General Legal Services
  • § 10083.2 License Status Public Disclosure
  • § 10100.4 Licensee Settlement Discipline Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 23102.
View Official Source