Legal Question in Wills and Trusts in California
I am trying to have funds transferred to my husband from his deceased father's investment. The company is requesting Letters Testamentary confirming who the executor of the estate is, or a certified copy of the will. There was no will nor was this sent to probate. His last address was in LA county California. I have read that an affidavit can be submitted to the holder of the property to be transferred instead of obtaining letters testamentay. Is this correct and if so where can I find the affidavit to fill out and submit. The funds are a small amount (less than $4,000) so we do not want to hire a lawyer for this seeing how a lawyer would probably cost around the same amount.
2 Answers from Attorneys
The affidavit you refer to is called the Small Estate Affidavit pursuant to California Probate Code Sec. 13100-13116. You would be best served to hire an attorney to draft and the cost is usually less than $1000. However, if you want to draft it yourself, the requirements of the affidavit are listed in the Probate Code. You can easily find the Probate Code online.
Good luck!
Nolo Press publishes a book called "How to Probate an Estate in California" which you can purchase and download from their website. It will fully explain the requirements and steps to take.
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