Q: How is a final tax return filed in California if the deceased does not have anyone in charge of assets below $100,000.
The deceased is divorced and has 2 children that do not want to be involved. The deceased never set up a will, power of attorney, conservatorship or legal representative for his finances.
A:
Under California law, when a decedent's assets are valued below $100,000 and there's no formal probate proceeding initiated, the heirs can use the "Affidavit Procedure for Collection or Transfer of Personal Property" to collect the deceased's assets. In this case, given that the children don't wish to be involved, another relative or interested party can step forward. They'd complete an affidavit asserting their right to the deceased's assets and describing the assets in detail.
This affidavit, typically executed 40 days or more after the death, can be presented to entities holding the assets. Once the assets are collected, the person would use these to pay any outstanding debts or final expenses, including the deceased's final income tax return. The State of California requires a final income tax return to be filed for the deceased for the year of their death. If no interested party steps forward, the assets may eventually escheat to the state. Always ensure that all legal procedures are meticulously followed, and it's wise to seek additional guidance when managing such matters.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
