Legal Question in Wills and Trusts in California
My mother just passed away. All she had was ledd thasn $8000 in the bank and a mobile home in the process of being sold for the amount still owing on the mortgage. Do we need to probate her estate for such a small amount? We have a will and only my brother and I are her survivors.
2 Answers from Attorneys
You should be able to access the bank account with a small estate affidavit if that is all there is in the estate (probate code 13100). It may depend on what stage the sale of the mobile home has reached.
It doesn't sound like it based on this scant information. If the home is being repossessed, then there is nothing but the bank account and that does not need to be probated. Ms. Cusack properly states that a small estate affidavit would work with a copy of the death certificate. Ask the bank what they need. In my experience, different banks want to do things their way on their forms. Some just accept the DC.
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