Hayward, CA asked in Estate Planning and Probate for California

Q: Hello, my sister passed away, no spouse, no children, both parents deceased. Myself and 3 siblings are her next of kin.

No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to $3000. My question is how do we go about closing her account and retrieving the funds?

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

A: If your family member only had $3,000 worth of assets in one bank account, you may want to contact the bank and ask if it has a form Small Estate Affidavit you can sign. Some banks insist on everyone using THEIR FORM. So, even when an attorney drafts such an affidavit and it is perfectly valid, banks don't want to have to send the "unique" form to their legal departments, so it is faster if customers use the bank's own pre-approved form. Give that a shot and, if that doesn't work, contact a lawyer for assistance. Best wishes!

Maurice Mandel II and Nina Whitehurst agree with this answer

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry for your loss. To close your sister's personal checking account and retrieve the funds, you will likely need to provide the bank with documents such as a certified copy of her death certificate and proof of your relationship as next of kin. Contact the bank where she held the account and explain the situation. They will guide you through the necessary steps and inform you of any additional requirements. It's recommended to consult with a lawyer or estate professional for accurate advice tailored to your specific jurisdiction.

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