Legal Question in Wills and Trusts in California

The power of attorney is no longer effective. If you are the only child, you can administer her estate using the small estate process if the value does not exceed $100,000 and 40 days have elapsed since her death. You would need to obtain a certified copy of her death certificate and issue a demand to the bank pursuant to Probate Code section 13101.

My guess is that you will have to retain counsel and go through probate. The attorney will not have to be paid until the end of the probate process. If your mother's estate is less than $100,000, then you can avoid going through probate and use the small estate procedures. Again you should consult with an attorney to assist you with drafting the 13100 declaration (if the estate is less than $100,000).

My condolences, and I wish you the best.

Sincerely,

Kai H. Wessels, Esq.

The above is provided for informational purposes only, and is not intended to nor should be relied upon as legal advice.

Unless you were also named on the account, you may have to go through a summary probate process. As an alternative to a lawyer, you might check with one of the self help legal services. It might be hard to find a laywer because the amount involved, and therefore the statutory fees they would be allowed, will not make it an attractive matter. Good luck.

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