Legal Question in Wills and Trusts in California

I want to use an Affidavit for Collection of Personal Property Under California Probate Code 13100--13106. (( I already know all qualifications are met. )) How do I open a bank account in California for my deceased father to put in money that he will be getting as the only heir of my predeceased sister. Her estate is in probate now in another state. I want her probate Administer to issue the check to the bank account I open. The banks here seem to not know how to open an account for this purpose. I do not intend to go through probate for my father's small inheritance. California Law says I don't have to, but banks seem to think I need Letters of Administration. I just need a bank account that I can use to collect his assets into and then distribute to his heirs.

Asked on 4/07/20, 6:41 pm

1 Answer from Attorneys

John Palley Meissner, Joseph, Palley & Ruggles, Inc.

You do not use an estate bank account when you use small estate affidavits. It's one or the other. If the total of dad's estate (that is his assets PLUS his share of his daughter's estate) is more than $166,250 then you need to do a full probate. You would get letters issued and then open an estate bank account. If the total of all of the above is less than $166,250 then you can use small estate affidavits, including for his daughter's probate, and have all proceeds paid DIRECTLY to your dad's beneficairies/heirs with no estate bank account.

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Answered on 4/07/20, 6:47 pm

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