Q: Probate for unclaimed property?
My mother died years ago. All she had was a bank account that I took control of. No house of her own or valuables. She had no other children but me. Late last year, I received a letter in the mail from a company called OCWEN that she has unclaimed property in the value of $1273. I contact them and sent them her death certificate and a small estate affidavit, as I have done with other companies that she had unclaimed property with. They said those documents are not enough, I need to be executor of the estate to receive the money.
As far as I have read, since this is such a small amount estate-wise, the small estate affidavit should be enough. Do I really need to go through the process of probate and becoming an executor of the estate for this?
A: Oftentimes when this issue comes up as you have described, the company is located outside of California and is not aware of our small estate laws. Having counsel represent you with the company can generally resolves this lack of understanding by the company.
Nina Whitehurst agrees with this answer
A: You don’t need a probate for a small estate (under $166,250). Use a small estate affidavit and send the company a copy of the statute which authorizes the collection procedure (California Probate Code section 13100). Good luck!
Gerald Barry Dorfman and Nina Whitehurst agree with this answer
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