Legal Question in Wills and Trusts in California
Proving I am Sole Beneficiary
I need to know what form I need to file in order to prove I am sole beneficiary of my late husband. I need to sell a stock certificate that is in his name. I was told in order to sell it, I will have to file something with the courts but I don't know what that is.
2 Answers from Attorneys
Re: Proving I am Sole Beneficiary
The answer depends on much it is worth. The stock transfer agents usually tell you that you need "letters testamentary" from the court, but if the stock is worth less than $100,000, a declaration under Probate Code section 13100 will do, along with a death certificate and letter of instruction with your signature medallion-guaranteed (by a bank or brokerage house) will do.
If the stock was held in an IRA or retirement plan, check with a financial advisor before doing anything to avoid unnnecessary taxes.
Re: Proving I am Sole Beneficiary
It depends on how large the overall estate was, and how much the stock certificate is. It may be required that the estate is probated, if over a certain amount, or it could just require a simple filing with the court or a declaration. In any case, you will need a certified copy of the death certificate.
Call me on Monday with more details.
Ken Koenen, 925-924-0100
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