Legal Question in Wills and Trusts in California

My wife died without a will. We did not own a home. We have no debt. Bank accounts were all joint. She had a $3000 life insurance policy with no named beneficiary. We have no minor children. The insurance company wants to know who the estate executor is. Do I really have to go through the probate process for a measly $3000?


Asked on 10/11/12, 10:11 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Are you sure there is no named beneficiary, or that there is a beneficiary and you are not the named beneficiary? The reason I ask this is because I've never seen a valid life insurance policy with no named beneficiary.

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Answered on 10/12/12, 9:01 am

In California when an estate is less than $150,000.00, you do not need an administrator. You should be able to fill in the California small estate affidavit and provide that to the insurance company for the $3000.00. You can google that form on line and then fill it in.

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Answered on 10/12/12, 10:28 am


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