How can my mom access her late husband's assets in CA without a will or probate?

Question

My mom is trying to obtain assets that her late husband intended to leave for her. He passed away in California without a will, and the assets include money he made throughout his career and a vehicle, not any property. He has two daughters, ages 34 and 37, with my mom. She has already filled out a form for the collection or transfer of a small estate without administration. How can she access his bank account and vehicle, given there is no probate process initiated yet?

Howard E. Kane · Answer

If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to you. You give this Affidavit to the person, company, or financial institution (such as a bank) that has the property so that they can legally transfer it to your name.  If assets are in excess of $184,500, then a petition for probate should be filed.  Good luck with this.

James L. Arrasmith · Answer

Here's what you need to know about accessing your late husband's assets in California without going through probate: 
 
Since your mom and her late husband's two adult daughters are the legal heirs under California intestate succession laws, they have options for accessing these assets. For bank accounts under $184,500 (as of 2024), your mom can use the Small Estate Affidavit process you mentioned - she'll need to wait 40 days after her husband's death, then present the affidavit to the bank along with the death certificate and proof of identity. 
 
For the vehicle, your mom can transfer ownership using the California DMV's Affidavit for Transfer Without Probate form (REG 5). She'll need to submit this form along with the death certificate, current registration card, and transfer fee to the DMV. Since both daughters are adults and entitled to inherit under intestate succession, they should sign documentation agreeing to the transfer to avoid complications. 
 
If the total estate value exceeds $184,500, or if any institutions refuse to accept the small estate affidavit, your mom may need to open formal probate proceedings. Consider working with a legal professional who can help navigate this process and ensure all assets are properly distributed according to California law. The most important thing is documenting everything carefully and maintaining open communication with both daughters throughout the process.

Q: How can my mom access her late husband's assets in CA without a will or probate?