Legal Question in Wills and Trusts in California

Single, unmarried, Parent passed and left funds in a bank account; adult child not on account. How can the adult child recover the funds from the account?


Asked on 7/29/14, 11:19 am

2 Answers from Attorneys
Len Tillem Tillem McNichol & Brown

If the estate (the account and any other assets in the decedent's name, except automobiles and mobile homes and boats) is less than $150,000 in value, then the child can collect the account using a Small Estate Declaration made under California Probate Code section 240 - google it and you can find a form online.

If the estate is worth more than $150,000, then the child will have to file for probate in the courts.

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Answered on 7/29/14, 11:48 am
Scott Jordan Jordan Law Office

Mr. Tillem is correct. You can also ask the bank if they have a specific small estate affidavit that they would prefer.

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Answered on 7/29/14, 2:04 pm


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