Q: In the state of California as an heir how do I claim deceased person's property? (Cash, stocks, accounts)
A: If the sum total value of all assets held individually by the decedent at time of death (excluding beneficiary designation accounts where there is a designated beneficiary, such as life insurance, annuities, and retirement accounts) is under $166,250, you can claim these assets from the bank by a small estate affidavit under California Probate Code section 13100. Just Google the search term and you'll find a sample form. You might also want to call the bank first to see if they already have a form that you can complete. If the value of the account(s) exceed $166,250, you'll need to contact a probate attorney such as myself to begin a probate proceeding.
Howard E. Kane and Nina Whitehurst agree with this answer
A: Oftentimes with cash and stock accounts, the account holder lists the beneficiary through "pay on death" paperwork held by the financial institution. If no beneficiaries are listed, then an Affidavit per California Probate Code section 13100 should work if the assets are below the $166,250 threshold. You will also need a certified copy of the Death Certificate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
