Los Angeles, CA asked in Estate Planning, Banking and Probate for California

Q: No one knows who the beneficiary of a deceased family member's bank account is; how do I proceed?

My mom passed away somewhat suddenly and left behind a bank account with a significant amount of money. I am not the beneficiary on the account, and the bank cannot tell me who is because I'm not authorized on the account. My mom didn't ask or tell anyone who the beneficiary was before passing away. It is either my deceased dad, who passed away shortly before my mom, or someone who is alive but unaware they're the beneficiary. How on earth should I proceed?

2 Lawyer Answers
Anthony M. Avery
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A: Hire a CA attorney to file Probate. With Letters of Administration you will be authorized to marshal up the assets.

James L. Arrasmith
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A: I'm sorry to hear about your loss. In California, when a beneficiary is not known, the bank account usually becomes part of the deceased's estate. First, you should check if your mother left a will or trust document that may indicate the beneficiary or provide instructions for the distribution of her assets. If you find any relevant documents, they can guide you on how to proceed.

If there is no will or trust, you will need to initiate probate proceedings. The court will oversee the distribution of your mother's assets, including the bank account. As part of the probate process, the court will determine the rightful heirs according to California intestacy laws if no beneficiary is named.

To start the probate process, you should file a petition with the probate court in the county where your mother resided. Once the court grants you authority, you can access the bank account and distribute the funds according to the court's instructions. It may be helpful to consult with an estate attorney to guide you through this process and ensure all legal requirements are met.

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