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?
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.
Gerald Barry Dorfman , Nina Whitehurst , Yelena Gurevich and Howard E. Kane agree with this answer
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