Q: How does an executor access a bank account in a small estate with no probate in California?

A: I agree with Mr. Arrasmith's response. If you need assistance with the small estate affidavit, I recommend that you call your local bar association lawyer referral service for a consultation with a probate attorney, or reach out to a California probate attorney through Justia. Best of luck with this.

A: In California, when there's no formal probate and the estate qualifies as a "small estate" (under $184,500 in 2025), you can use the Affidavit for Collection of Personal Property to access your relative’s bank account. Since you’re the executor named in the will, you’re allowed to act on behalf of the estate, but the bank may still require the legal heirs or successors to be the ones who actually collect the funds. This is because the affidavit is typically used by successors, not just by executors.

To properly fill out the form, list yourself and any other legal heirs who are entitled to the estate under the will. You’ll need to wait 40 days after the date of death before using the affidavit. Include your relative’s name, date of death, and a description of the property (in this case, the bank account). Attach a certified copy of the death certificate and a copy of the will. Most banks will also ask for a notarized signature on the affidavit and sometimes may have their own form.

Even though you're named executor, the bank might only release the funds to the named beneficiaries or heirs under the will. In that case, you and any other heirs may need to sign the affidavit jointly. If there are no other heirs, you would likely be considered the sole successor. Double-check with the bank to see if they require a specific version of the form or any additional documents. It’s a frustrating process, but once the paperwork lines up, you should be able to access the funds to take care of final expenses.