Legal Question in Wills and Trusts in California
Letter of Administration
My husband died and I can not get a small amount of money he put into a credit union because my name was not on the account. I sent his death certificate and a copy of the 'Trust' but they need this letter. Thank you
2 Answers from Attorneys
Re: Letter of Administration
California has what's known as a section 13100 affidavit that can assist you with obtaining the amount in that account.
Typically, you would need to go to an attorney to help you with this. Fees range anywhere from $400 - $750. If you like, I can help you with this, prepare the form and email it to you for much less. Or alternatively, for $85 I could simply provide you the form with blanks for you to fill in the appropriate information.
Regardless, please hold onto the death certificate because that needs to be included with this form when presented to the credit union. Thank you.
Re: Letter of Administration
The credit union is probably asking you for "Letters Testamentary" but if your husband was a resident of California at the time of his death, and the total estate (not including assets in the trust or having valid beneficiary designations) formal administration (probate) is not required and you can submit a "Small Estate Affidavit" under Probate Code Section 13100, when 40 days have elapsed from the date of death. If the credit union cannot provide you with a form, an attorney can prepare it for you for a small fee, or consult a Nolo Press book on estate administration. Feel free to call me if I can help.
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