Q: I am named the executor of a CA estate by the San Diego Court. Chase Bank says I need a small estate declaration before
I can close the safe deposit box. Is this true?
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- Answered
A:
Under California law, if you are named the executor of an estate by the court, you generally have the authority to manage the decedent’s assets, including closing a safe deposit box. A small estate declaration, also known as an Affidavit for Collection of Personal Property, is typically used for estates with a total value not exceeding $184,500, allowing heirs to collect assets without formal probate.
Since you have been appointed by the court, this usually provides sufficient authority to handle the estate's affairs, including accessing and closing safe deposit boxes. You should present the court-issued Letters Testamentary to the bank, which serve as proof of your authority as the executor.
If Chase Bank insists on additional documentation, you may need to clarify the bank’s specific requirements or consult with the probate court to confirm that your Letters Testamentary are adequate for accessing the safe deposit box. This will help ensure that you fulfill your duties effectively and in accordance with California probate laws.
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