My dad died without a will and I am his only child. He wasn't married. I have a certified death certificate and it is almost 40 days but his bank Wells Fargo said they need me to show them proof I'm his daughter. They said a birth certificate wasn't enough. They said I should get a lawyer to help me. There is only $5,000 in the account, so that doesn't seem worth it.
So how can I get a legal document stating I am my fathers daughter and am the next of kin since he didn't have a will?
1 Answer from Attorneys
Wells Fargo is wrong. The law does not require that you prove it. All you need to do is complete a probate code 13100 small estate affidavit and take it to Wells Fargo with the certified death certificate. Talk to a manager. Whoever you talked to is flat out wrong.