Long Beach, CA asked in Probate for California

Q: How can I get some help with a small estate affidavit. I need help with documentation prep & any follow up needed.

My mother is recently deceased and the insurance company denied her claim. They did however, mail me a check to the estate of my deceased mother. There is no estate or a need for one or probate, there is no assets, money, property etc and I am the Survivor/Heir/Beneficiary and Executor. I was told if I can give them a small estate affidavit I can get them to re-issue the check in my name.

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2 Lawyer Answers
Shawna Murray
Shawna Murray
Answered
  • Probate Lawyer
  • Irvine, CA
  • Licensed in California

A: If you are interested in preparing the affidavit on your own, you could visit the local county law library. Alternatively, you could try looking for a California probate book published by Nolo Press. They are very straightforward and often have samples for you. You might find a sample affidavit in there.

Your easiest option would be to contact a local Estate Planning and Probate attorney.

Bruce Adrian Last
Bruce Adrian Last
Answered
  • Probate Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: Long Beach, CA:

The Sacramento County Law Library offers a sample affidavit as part of their website's forms page.

https://saclaw.org/legal-forms/

Depending on the insurance company, it may take an attorney to "goose" this along. It should not take more than one or two hours of the attorney's time to complete the work. (Absent anything unusual.)

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