Legal Question in Wills and Trusts in California
when someone dies
There was no will and no estate to speak of, just a car and some pesonal affects and a small amount of cash. What if any thing needs to be done?
2 Answers from Attorneys
Re: when someone dies
The items would go to the person's nearest living relative(s). Check Probate Code section 240. The transfer documents can be filled out at the DMV and the bank. If the bank doesn't have its own form, you can use the one in Probate Code section 13100.
Re: when someone dies
To transfer the car to the next of kin, please go to your nearest DMV. Bring your documents relating to the car -- they have an Affidavit form to transfer ownership of the car to the next of kin.
Other personal effects should be distributed among next of kin.
The small amount of cash -- ask if the decedent had a payable on death beneficiary listed for his or her bank accounts. If not, you can use a small estate affidavit procedure to receive these funds. You can find out more information about the small estate affidavit at:
http://www.lasuperiorcourt.org/probate/pdf/TransferForm.pdf
I hope this helps.
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