Legal Question in Wills and Trusts in California
My mother lived with me in my home in the state of TN until her death in December 2009 . She has a will and living trust executed in the state of CA in '94. I am executor, trustee and beneficiary. Her bank account is in CA. I am Joint Owner of all but one CD. I am told by this CA banking institution that these documents are invalid since she has died and they need a probate 13100 submitted for this CD. This particular form appears to be for the state of CA only. I'm confused...Can you help??????
Thank you, Linda
2 Answers from Attorneys
The bank's request seems reasonable. Section 12570 of the Probate Code authorizes a nondomiciliary's personal representative to use the affidavit procedure set forth in Probate Code section 13101.
I am sorry for your loss. The issue of being trustee of the trust and beneficiary are likely irrelevant. The bank is looking to see who is the Executor of the will most likely. If you have been named Executor by the TN Court then you can present those documents to the bank. They will accept them. In California we call them "Letters Testamentary." If you are not probating the estate (this lone bank account has to be under $100,000) then I would probably do the small estate affidavit. I believe technically you should use the TN equivilent of the California PC 13100 but I do not know what it is. You can likely find small estate affidavits on-line. If all that doesn't work then hire a probate attorney (probably in TN). Good luck.
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