Irvine, CA asked in Estate Planning for California

Q: Risks of filling out small estate affidavit with banks if the decendent's full value is over probate amount(166k)?

The decendant's full value(when adding all bank accounts together) are over 200k, however most of the individual bank accounts are less than 30K. Can a small estate affidavit be completed with those banks without requiring them to go through probate? Do the banks share information with one another which can show that that the decendant's value is at probate value?

Related Topics:
1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: I don't know if banks share information with one another, but you've got other issues to consider. Small Estate Affidavits require people to sign under penalty of perjury and, if the information is a lie, then you've perjured yourself. California Penal Code Section 115 says perjury is a FELONY offense punishable by the following: (1) up to four years in jail; (2) a fine up to $10,000; and/or (3) formal felony probation. Plus, being a convicted felon has other ramifications. It's just not worth it. If you find a lawyer who advises you to take this risk, run in the other direction. Do it the right way, so you can sleep well at night.

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.