Legal Question in Wills and Trusts in California
what to do if my mother died without a will and has less than $100000.00.
Only beneficiaries are myself and my brother.
She only has one bank account with less than 20,000.00
Do we have to file in probate court?
3 Answers from Attorneys
As you have probably heard, you can avoid probate if the estate is less than $100k by means of a 13100 declaration.
Pleasse give me a call if you need further assistance.
Sincerely,
Kai H. Wessels, Esq.
I would add that there is a 40 day waiting period involved. Also, banks are usually more receptive when people use their forms rather than a declaration drafted by an attorney or found on the Internet.
http://www.lasuperiorcourt.org/probate/pdf/transferform.pdf
If the bank does not have you listed as beneficiaries you may obtain the funds via declaration and a certified copy of the death certificate. Contact me directly.
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