Legal Question in Wills and Trusts in California

in califorina can I do a small estate affidavit for bank accounts then later go back to court and do a heggstad?

Asked on 1/05/22, 5:22 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

A Small Estate Affidavit is for all assets subject to Probate. I assume the Heggstad is for real property. Technically you may need to do this in the opposite Order. Once you get the Heggstad, then the declaration in the Small Estate truthful and accurate.

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Answered on 1/06/22, 9:25 am
Michele Cusack Pollak & Cusack

Good answer, Aaron. I'd add that it can't hurt to add the accounts to the Petition to Confirm Trust Assets... if it flies, the 13100s won't be needed.

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Answered on 1/06/22, 3:15 pm

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