Legal Question in Wills and Trusts in California
Small Estates
While my father was living in California, he opened an investment account. He retired and moved to Mississippi and recently died there. Should I complete an affidavit of small estates form for California or Mississippi? The bank that has the account does not have operations in Mississippi as far as physical operations, but I am not sure which state's form to use -- I live in California. Thanks!
3 Answers from Attorneys
Re: Small Estates
Howdy:
For a bank account, Mississippi would be the proper venue, since that's where your dad lived. But, since you live in Cal, and he lived in Cal when he opened the account, and since it's with a Cal bank, that would be the best starting point. You probably won't have a problem.
If your dad did a will in Cal, that would sure help.
Re: Small Estates
I would try the CA form and see if they pay it.
Re: Small Estates
When a decedent is domiciled in one state and owns property in another, with respect to personal property it's the state of domicile that governs, with real estate it's the state where the property is located. In your case however, you have nothing to lose by trying it through CA since it'a a small estate. If it's rejected you can always go back to the state of residence and do it through there.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
