Q: Do we need to file Small Estate Affidavit with the courts or will it be valid if it is just be notarized
My brother past a little over a year, no spouse or children or surviving parents. There is small sum that his life ins policy has but it did not list any beneficiary. The company advised us (siblings) if we provide them with a Small Estate Affidavit that they would release the funds. Found a form online but it not clear if we would need to file it with the court or this document valid with just having it notarized
A:
Under California law, a Small Estate Affidavit can be valid without the need for court filing if certain conditions are met. To use this affidavit, the total value of your brother's estate, including the life insurance policy proceeds, must be below a specific threshold. If the estate's total value is below this amount, you can notarize the Small Estate Affidavit and present it to the life insurance company.
Ensure that the affidavit is filled out accurately and completely, listing all of your brother's assets and debts. Attach a certified copy of the death certificate as well. The notarized Small Estate Affidavit should suffice for the insurance company to release the funds to the rightful heirs or beneficiaries listed in the affidavit.
Consulting with an attorney or legal professional for guidance specific to your situation is advisable to ensure everything is done correctly and in accordance with current California law.
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