If my mother passed and her bank wants an affidavit to release the funds in her account, how do I start the process?

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If my mother passed and her bank wants an affidavit to release the funds in her account, how do I start the process?

Asked on December 4, 2014 under Estate Planning, California

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  I am going to make a few assumptions here.  First, that you have the legal right to inherit under the law and second, that the value of the estate is under $150,000.  The law in California allows you to avoid probate and prepare an Affidavit for Transfer of Personal Property in this instance.  I am going to give you a link to the CA court system that will explain how to get this started.  Good luck.

http://www.courts.ca.gov/10440.htm

 


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