Legal Question in Wills and Trusts in California

Re: Use of Bank Accounts ... I any

If you are not a joint owner on the account, the account may be subject to probate depending on the size of the rest of your sister's estate.

Re: Use of Bank Accounts ... I any

If you are a joint owner or beneficiary of the account, the money is now yours. If not, the money belongs to the heirs/beneficiaries of her estate (after her bills have been paid). Check with an attorney to see if probate is required, or if the small estate procedure can be used.

Re: Use of Bank Accounts ... I any

I am sorry to hear about your sister. You should go to the bank to find out whether there is another owner of the account. In the alternative, there may be a beneficiary designation on the account. If you are the joint owner or beneficiary, you can use the funds to pay bills, because the account will not be subject to probate.

If there is no joint owner or beneficary, then you need to figure out whether the estate subject to probate is over $100,000. If it is, you will need to file a probate petition. If not, the bank should have a declaration form allowing the property to go to the appropriate heirs, which will free up the money.

If you need help in Northern California, please let me know.