What steps to take after death of father?

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What steps to take after death of father?

My father recently passed without a Will. He was not married and I am his only child. He did not own any property and had no assets other than about $8000 in the bank, I believe he had life insurance through his VA job and he was receiving benefits through the VA. I need to know what steps to take to establish myself as the legal heir so that I can access the funds in his bank account, collect his life insurance, and take care of getting his affairs in order with the VA.

Asked on January 2, 2017 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

First of all, typically life insurance proceeds are not part of an estate. They are paid directly to the named beneficiary. Only if no beneficiary is named do they become part of the residiuary etstae. As for the bank account, etc., since there are no substantial assets, you can probably file for a simplified probate process. This is a legal tool designed to save the time, trouble and cost of a formal probate procedure. You can google the approriate state for information. If your father died in CA, here is a link to a site that will be of help: http://www.courts.ca.gov/8865.htm


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