Fresno, CA asked in Estate Planning and Probate for California

Q: How long can a bank hold my dead husband's saving account if there is no probate

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

A: It depends and, by the way, I am sorry for your loss. Typically, assuming his assets are under $166,250 you can get access after 40 days. If more than $166,250 then need to get a probate court order (either a spousal property petition or a full probate).

Nina Whitehurst and James Edward Berge agree with this answer

James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: I would add to John's answer that failure by anyone to claim the account through small estate affidavit or probate procedure could result in the money escheating to the State if not claimed within a particular period of time.

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