Asked in Estate Planning for California

Q: In California, is a small estate affidavit suffice to open a estate account at Citi Bank?

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2 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: If the person who died has $184,500 or less in his/her/their estate, then yes, a Small Estate and an original death certificate should be enough. But many banks have their own forms they require people use. On the other hand, if the person who passed had assets valued at more than $184,500, you likely need to file a Petition in Probate Court before you would have the authority to do anything on behalf of the person who passed away. Wills do NOT exempt family members from having to spend a year or more in Probate Court Each situation is different, so these are just a general rules. Best wishes!

James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: No. The only way to open an estate account is with certified letters testamentary or letters of administration issued by a probate court. If your situation is truly a small estate, then those persons rightfully entitled to the money through the estate should sign the small estate affidavit form claiming the money in their individual capacities, submit the form to the bank, collect the money and close out the account. There should be no need for an estate account.

Ravi Patel agrees with this answer

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