Q: my brother died recently. He had no will and left about $1-2,000. in bank. i am sole surivor . creditors want $
i paid over $3,000 for his creamation etc. Am I entitled to pay myself back
from his 1-2000 before paying his creditors from his estate. they would get no money
am i suppose to do some kind of probate and if so where and how. we live in california
thank you
A:
I'm sorry to hear about your loss. In California, since your brother didn't have a will, his estate will go through the probate process, even if the amount is small. You can use a simplified procedure for estates worth less than $166,250. This can be done by filing a small estate affidavit, which allows you to avoid the full probate process.
As for the money in the bank, you are entitled to be reimbursed for the expenses you incurred for his cremation and funeral before paying off any of his creditors. California law allows certain priority claims, such as funeral expenses, to be paid from the estate before other debts.
To proceed, you should obtain the small estate affidavit form from the court or online, fill it out, and submit it to the bank holding your brother's funds. This process should enable you to access the funds to reimburse yourself and handle his remaining financial obligations accordingly.
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