Q: A father in Ohio just completed the funeral of a son who died intestate in Los Angeles, California. The estate will be
small and can avoid probate. But to begin the process, what "proof" must he provide to his son's landlord, banks, employer that he is son's personal representative at this time?
A: In reality, nobody is your son's personal representative unless and until he or she is appointed as such by a probate court. If the decedent had a will and it appointed the father as personal representative, some (not all) institutions might honor that. The landlord will probably be satisfied by a death certificate. The bank and employer will probably accept a California Small Estate Affidavit to turn over whatever is owed to are held in the name of the decedent.
James Edward Berge agrees with this answer
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A: A small estate affidavit can be used to collect personal property, including bank accounts, by the person entitled to the property executed more than 40 days after the person died. A copy of the death certificate may also be needed by the financial institution. Rarely does the affiant need to provide proof through a Will or Trust that he/she is entitled to the property.
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