Q: I have a check from PayPal from a deceased relative's accounts. The check is drawn from a Wells Fargo account.
I submitted the California Small Estate Affidavit to PayPal with a notary attachment. However, the check was made out in my deceased relative's name only. Which is not how other checks have been made out.
Two banks that I do business with, including Wells Fargo, have declined to accept it for deposit as written.
A third bank, which has an open account for the deceased relative, has also refused to take the check for deposit into that open account for the same reasons.
All of the banks contacted have been provided with the Small Estate Affidavit with notary attachment. The banks contacted have told me the check as written requires me to create an Estate account which, to my understanding, would involve going to the courts. which I suspect would be lengthy and possibly expensive process.
The banks suggested that I have PayPal reissue the check in my name. PayPal has refused to redo the check.
What is going on here? What remedies are available to me?
A: I would send it back to PayPal along with a California Small Estate Affidavit (free forms online) filled out by the person who legally is the next of kin (or beneficiary of a will if there is a will). Ask them to re-issue to the correct person or persons. Good luck.
James Edward Berge agrees with this answer
A: If you are the successor trustee of the deceased's trust or administrator of the probate estate AND you have opened a bank account in the name of the trust or estate, you should be able to deposit it into that account. If the total assets are less than $166,250, your relative died this year and you are an intestate heir, you can use a small estate affidavit to retrieve the funds. All intestate heirs would have to be included and sign off on the affidavit.
James Edward Berge agrees with this answer
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