Legal Question in Wills and Trusts in California

Deceased MIL had multiple bank accounts with my wife and my sil on the accounts. One bank account in Oklahoma also has 2 CD's with substantial money, the bank states that they will distribute the monies from savings and other accounts to wife and sil, but need Executive of Estate or Personal Representative paperwork. We live in CA, what is the best route for this?


Asked on 10/06/10, 12:46 pm

3 Answers from Attorneys

Open a probate in the state where MIL passed away, which sounds like Oklahoma.

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Answered on 10/11/10, 1:06 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson

A lot of times you get a stock inflexible initial answer from a bank. "Here is what we need". It is in their best interests to call the bank and ask specifically what they need or what else will work. In California, usually a certified death certificate will be all that is needed if there is no probate. If there is a probate that will happen anyway, there will be something called LETTERS that is issued to the Executor that is likely what they want. If there is no probate needed, though, ask the bank directly, explaining that there will be no probate and that you are in California. There will be a process in place.

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Answered on 10/11/10, 1:55 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The paperwork that you will need to close the accounts will depend on how the accounts were actually titled and where your mother-in-law died. It may be as simple as providing a certified copy of the death certificate and it may not. You should first speak with someone at the Bank who understands these issues and not just the teller or account person who answers the phone.

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Answered on 10/12/10, 8:59 am


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