Legal Question in Wills and Trusts in California

Bank says I need a letter of Testamentary to open account if check is payable to the estate.Estate under $100,000. Is this correct? Also deceased lived in Los Angeles and I live in Orange county. Do I have to request letter from Los Angeles Court?


Asked on 3/26/10, 5:52 pm

1 Answer from Attorneys

Ken Koenen, LLM Law Office of Ken Koenen

The bank is not actually correct. If the estate is under $100,000, then someone who is an heir can execute an affidavit of small estate and request that the check be reissued to them. You must have a certified copy of the death certificate, and swear under oath that you are the only person entitled to receive payment, along with a few other sentences that would need to be in the document. If the estate is over $100k, including all property (cars, real estate, jewelry, etc.), then there is a probate required.

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Answered on 4/01/10, 9:08 am


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