North Ridgeville, OH asked in Estate Planning for California

Q: My parents both passed away within 1 week of each other. There is a will saying I inherit everything.

My parents both passed away within 1 week of each other. There is a will saying I inherit everything. They own outright a trailer and a truck and have a bank account (less than $20k worth). No real estate or other assets and no outstanding credit. Do I need to file a small estate affidavit if I have a will? They died in Kern County California.

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1 Lawyer Answer
Sally Bergman
Sally Bergman
Answered
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: My condolences for your very tragic losses. If your parents died in 2020, the small estate limit is $166,250 so if the total of their assets is less than that, a small estate affidavit should be all that you need. You will need certified copies of the death certificates and you must wait at least 40 days after their deaths before you can submit the small estate affidavit to the bank and DMV. Information for transferring the trailer and truck can be found here: https://www.dmv.ca.gov/portal/vehicle-registration/new-registration/special-circumstances/handling-a-deceased-persons-dmv-matters/

James Edward Berge agrees with this answer

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