Diamond Bar, CA asked in Estate Planning and Probate for California

Q: Do i need to get a court date just to ask probate court to release partial funds from block acct ?

I am Administrator of this estate and I need some money to pay a contractor. I openned court order blocked account where the funds are deposited. While i wait for other issue to be resolved Is it possible to use that money? How do i ask judge?

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3 Lawyer Answers
John B. Palley
John B. Palley
Answered
  • Estate Planning Lawyer
  • Roseville, CA
  • Licensed in California

A: Honestly I would petition the court and ask to switch to IAEA powers, get bonded, and get rid of the blocked account. It will be easier to handle estate business including, eventually, selling the house. There is a judicial council form to make the switch to full IAEA powers. If you don't have one I would advise hiring attorney. Should make your life easier. -John

Bill Sweeney
Bill Sweeney
PREMIUM
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: A blocked account cannot be withdrawn without a court order.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: A blocked account is one blocked by a court order. Therefore, you need a court order to unblock the account when you need to use the funds.

What you need to file is an MC 357 (the Petition) and an MC 358 (the Order for the judge to sign).

You will only see the judge for a minute, but you will need to see him.

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