My father passed Intestate. I and my 3 siblings agreed to pay funeral expenses using what dad had in his bank account.

Question

I paid in advance the funeral expenses and have since been challenged by a family member to access the checking account that would reimburse me in full. I have demonstrated to the bank my itemized statement and receipt, but the bank still says they cannot release any money to me. This estate is valued at less than 9k. I am still owed 2300 of the 5300 paid. There is 6300 in the account with enough to cover all other expenses. What do I do next?

Bruce Adrian Last · Answer

Dear Lake Isabella: 
 
First, do not blame the bank, as it is not the arbitrator of debts owed by you Father's estate. 
 
You also did not mention if the account was a joint account with another person, or designated as a "pay on death" account. But here is some information: 
 
1) If the account was neither pay on death or joint, a small estate collection affidavit under Probate Code s. 13100 is required to claim the funds. (If it is not a joint account or a pay on death account.) Normally, these are presented by the heirs jointly, and the bank will either issue a joint check, or divide the proceeds. In this case, the person or persons who receive the funds are liable for the Decedent's debts. (Funeral expenses are considered a decedent's debt.) Take a look at Probate Code 13109. 
 
Of course, one person could present an affidavit with incorrect information, but that would be ill advised. The affidavit (or declaration) is sworn to under penalty of perjury. So, you would not want to lie on this.  
 
2) If it was a pay on death account, or a joint account (with a right of survivorship) and there is no probate, then you will need to sue the sibling(s) who received the funds for reimbursement. (Again, small claims.) 
 
As always, a consultation with an attorney is recommended. You may wish to check with your local legal aid group, who may have clinics on small claims and probate. Or, you can always try your local county bar association. Most offer attorney referral programs, where for a small or no fee you receive a consultation with an attorney. (My home county it is $35.00 for a thirty minute consultation.) 
 
Best of luck.

Q: My father passed Intestate. I and my 3 siblings agreed to pay funeral expenses using what dad had in his bank account.