Q: I am beneficiary of my mother's bank account. She died without a will. Her assets are less than 185000. My sister took
Car w/o my knowledge or consent. From my research since there is no will beneficiaries pass probate and become owner of her property. True or not?
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A: Ownership of decedent’s property does not pass automatically. Some kind of legal process is required. In your case it is possible that you can use a small estate affidavit to pass title to all assets to the heirs at law. If your mom was single when she died and survived by two living children and no predeceased children then the two living children would be the heirs at law.
Howard E. Kane agrees with this answer
A:
The cash in the bank should be obtained via the small estate affidavit process described by attorney Whitehurst. The vehicle requires different paperwork which gets submitted to the DMV:
An Affidavit for Transfer Without Probate California Titled Vehicle or Vessels Only (REG 5) form may be used to transfer ownership of a vehicle when the registered owner or legal owner (an individual) of the vehicle is deceased, provided 40 days have elapsed since the date of death of the owner, the value of the decedent’s property in California does not exceed $150,000, and the vehicle is titled in California.
Best of luck with this.
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