Legal Question in Wills and Trusts in California
Non-probate aquisition of parents saving
My father died over a year ago and the total he has in savings is less the $100,000. I understand that I need to file an affidavit with the financial institutions holding his money. How do I acquire the affidavit? Do I need a lawyer or can I do this myself?
2 Answers from Attorneys
Re: Non-probate aquisition of parents saving
Some financial institutions will provide you with their own Probate Code Section 13100 affidavit or declaration to fill out. It has to be sworn and signed before a notary public. If that is not the case with your dad's bank, you can try finding it on the internet, or use a Nolo Press book. If you do want a lawyer to prepare it for you, feel free to contact me.
Re: Non-probate aquisition of parents saving
Depending on where you are in CA, many of the forms you will need are downloadable from or through the various Court's sites.
Some financial institutions may stil demand letters (these refer to opening a Probate), but it sounds like you've done your research and know that is not the case. Sometimes an attorney can assist with stubborn banks, that should be the most help you would need. If you are located in Southern California, we are in Pasadena and specialize in estate planning, including wills, trusts and Probate. I can be reached through the email address provided by Lawguru or through our firm's informative site No-Probate.com.
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