Oakland, CA asked in Probate for California

Q: California Probate

I posted yesterday but I think I should be more clear. My dad passed away January 9th 2022. He lived in San Jose California most of his life. He was in hospice for the last 2-3 months of his life. Anybody that's been to a hospice knows it's not the place to see a life end. My dad went to North Carolina and spent the last 5 days of Life at his brother and sister-in-law's house. That's where he passed away. The sister-in-law has power of attorney and is a co-executor. She has been giving money out to one of the beneficiaries, I have the text to prove it. She also has not filed probate. I am a 60% beneficiary on the will. There is no real estate involved. It's all cash. Can I file probate in Santa Clara california? If so what address do I use? The hospice? Or the previous address he had before the hospice? Thank you in advance.

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1 Lawyer Answer
Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Financial Power of Attorney expires upon death, so the co-executor should not act under the power of attorney. Probate may be necessary, however, I would first check with the bank to see if your father left pay-on-death instructions with the bank. If so, then there is no need to probate the cash, and the cash can be released by the bank upon submittal of a certified copy of the death certificate and beneficiary ID's. If he did not leave pay-on-death instructions, then probate should be filed in the county where your father resided, which appears to be Santa Clara County. Keep in mind, that there are different probate petitions depending on how much cash is involved. For an estate worth less than $166,500, the simplified petition can be used.

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