Legal Question in Wills and Trusts in California

My mother passed away leaving a savings account of less that $1200 without listing a benificiary without any more assets. We have applied the funds from her checking account to aid in payment for the funeral expenses. Do we have to file probate to obtain the saving funds? We have a power of attorney but the bank will not release these funds.


Asked on 1/17/11, 1:07 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

You should submit a small estate affidavit (probate code 13100) to the bank.

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Answered on 1/22/11, 1:19 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Cusack. Depending on the amount of the remainder of the estate, you could probably use the affidavit procedure set forth in Probate Code section 13100 (and following).

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Answered on 1/24/11, 9:22 am


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