Legal Question in Wills and Trusts in California
My mother died intestate in CA 6/22/10. I am her only living relative, other than a cousin in OR and one here in CA. Her only asset is a checking account with a little over $5,300.00 in it. She was the only one on the account. Will I need to go through Probate?
Thank you.
2 Answers from Attorneys
No, for a California resident, you can file a small estate affidavit if total assets are under $100,000 with no real estate. The bank may have a form you can use (and they may ask for some other paperwork as well) if not, it's Probate Code Section 13100- you should be able to get one online. You have to attach a death certificate, and you can't sign the affidavit until 40 days after your mother's deahttps://www.lawguru.com/answers/answer/free_show/281941509#th. I'm sorry for your loss.
Ms. Cusack is correct, you can do a small estate informal probate with out filing with the court. If the bank does not transfer the asset, you can get your attorney's fees in the event that there is litigation down the road.
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