Legal Question in Investment Law in California

small estate affidavit

I need to know if I Am required to submit a small estate affidavit to trade in my grandfathers shares,

if so, how do I aquire a small estate affidavit?


Asked on 8/14/00, 1:02 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: small estate affidavit

I suggest you start out by looking up the Probate Code at your county law library. Some public libraries may also have it. Look at sections 13000-13210, but particularly 13101.

It is important to be sure that you are the person, and the only person, falling under the definition of 'successor of the decedent' or that you otherwise have permission to act on behalf of the other heirs.

Although I am a business lawyer and don't do much probate work, my impression is that compliance with the Code is too complex and laden with potential trouble for a layman to attempt without professional assistance. I recommend you work with a probate specialist attorney. You can keep the fees reasonable in proportion to the size of the estate by doing most of the work yourself, but with the attorney's guidance.

There is also an implicit question here regarding the transferability of the shares. If the shares are in a small, non-public company, trading may be further restricted. Sometimes closely-held companies have the right to repurchase shares held by the estates of deceased holders. If this could be the case, check with the issuers.

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Answered on 9/18/00, 2:50 pm


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