Can a small estate affidavit be used for decedents in another state?

UPDATED: Aug 27, 2018

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Can a small estate affidavit be used for decedents in another state?

My son passed away while working at a temporary job in NV. His bank accounts and brokerage accounts were opened in CA and he left them in CA for his temporary job. His estate is less than $150,000.

Asked on August 27, 2018 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss.  If you do not mind I need to clarify some things.  First, if the job in NV was only temporary then I am thinking that your son was not a resident of that state. Did he file taxes there or in California as a resident?  That would determine his residency and which small estate laws apply.  I think it may be best for you to consult with an attorney - just for maybe a half hour or so -  on a flat rate basis as to proceeding.  It will be worth the money.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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