Legal Question in Wills and Trusts in California

If your mother was a CA resident, you can collect the account with a small estate affidavit under Probate Code Section 13100.

If she lived in another state, you need to re-direct your question.

It is true to the extent that property that is not placed in a trust, must be probated. It is for this reason that estate planners prepare what is commonly called a "pour over will" that directs property outside the trust, into the trust.

I also agree with Ms. Cusack that an affidavit pursuant to Probate Code section 13100 may be the solution, but use of that procedure is going to depend on the gross value of your mother's real and property pursuant to Probate Code section 13050.