Legal Question in Wills and Trusts in California

No Will Simple estate - What do i do?

My brother died without a will. His childern live on other coast. He lived on Social Security. Owns nothing but household furnishings and has about $500 in bank account. Car is financed and no insurance other than car. The childern want me to close out his affairs and send them what money is left if any.What will i need besides the death certificate to do this? do i have to go to court or is there a simple way to deal with this. Will a power of attorney from them to me work? If so, what should it say or were can i find the right form for it.


Asked on 3/07/01, 3:45 am

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: No Will Simple estate - What do i do?

The form the beneficiaries need to sign is called (usually) "Declaration Under Probate Code Sections 13100-13115" or small estate declaration. The bank may have this form, but if not, an attorney can prepare it.

The car transfer can be handled through the DMV, so check with them for the papers/forms they'll need.

There should be no need for the court or an executor/administrator, but the above procedures do require a 40-day waiting period from the time of your brother's death.

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Answered on 5/17/01, 1:15 pm
Ken Koury Kenneth P. Koury, Esq.

Re: No Will Simple estate - What do i do?

if that is the only asset there is a simple form an attorney can draw up for the kids to sign to get the money but make the kids pay the attorney fee, not you.

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Answered on 5/16/01, 1:00 am


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