Carmichael, CA asked in Probate for California

Q: mom died in CA, ONLY asset is bank account in MA. MA bank will NOT accept CA small estate affidavit. any suggestions?

Have letter from bank specifically declining CA Affidavit for collection of personal property, probate code section 13100-13116. Stating they require: "a certified copy of the court document appointing you as person representative, executor, or other like fiduciary of the estate of the deceased dated no later than 60 days." now what? file for probate in CA, when there is no estate value? don't know the value of the bank account? guessing above $25,000, because that is the Massachusetts small estate threshold, which is still below the CA small estate. Other info, mother was divorced, and i am only child.

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: If the bank account has no beneficiary listed, and no co-owner, then it is part of the estate, so the estate value is not zero. Being in a bank out of state does not remove it from the estate. Not sure why you don't know the value. Do you not have access to her mail/bank statements? If you are the only possible heir, a lawyer letter may help convince the bank, but it sounds like you could use a consultation to be sure everything is accounted for.

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