Legal Question in Wills and Trusts in California

The answer to this might require a bit more information, but looking at what you have provided it appears that your father and mother had an account in thier names only that was never funded in the trust. Generally, for a trust to be effective as to an asset, that asset must be titled in the name of the trust. If the account was not funded in the trust, it must go through probate to be distributed. This is where the bank states that they need letters of administration. You should speak to an attorney to get the account probated.

If the account balance is under $100,000 ($150,000 after 1/1/12) you can access it with a small estate affidavit. If more, it is still possible that you can file a petition to confirm trust assets instead of a full probate- it depends if your dad listed the account on a Schedule to the trust, or even signed a general assignment of assets to the trust. You should have a lawyer review the paperwork.

As stated above it sounds like there was an account not in the trust. If it's under $100k (or $150k if you wait until January 1st) you can do a 13100 small estate affidavit which is very easy. Otherwise we might be able to do a probate code 850 "Heggstad petition" which is quicker (and much cheaper) than a full probate. If that works then letters testamentary would not be needed. Contact me this morning to discuss your case as I do probates and Heggstad petitions throughout California. It's very easy for me to "appear" everywhere in the state via CourtCall. Also we can set up a skyp meeting if you are not local to me if you like. We can talk about your documents and I can tell you which would work and what the cost would be. I am a Certified Specialist in Estate Planning, Trust and Probate Law. -John