Avoiding Probate: How to Fill Out a California Small Estate Affidavit
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- čas přidán 25. 12. 2019
- In some situations, probate can be avoided in California with a Small Estate Affidavit. Manteca and Livermore based attorney Grant A. Toeppen of Advance Planning, A Law Corporation, shows you how he fills out this Affidavit. Nothing in this video is meant to be construed as legal advice.
I will provide links to the escalation process I use and to a template letter to be used in this situation shortly.
You can always visit my website, www.advanceplanninglaw.com, if you want to contact me for help with estate planning, a probate, or a conservatorship.
Thank you SO much! I have been overwhelmed with what to do in regards to my fathers death. You helped me immensely. Very kind of you to share this knowledge. =-)
This is the exact reason I’m here too
So sorry for your loss
Me as well sorry for your loss
Thank you so much for your help!!! I found your video just recently and it worked with what I had to do after my fathers death 2 years later, thank again and I hope more people will find this video for the help they may need.
same here
Thank you so so much for breaking this down. Struggling to fill out all these forms after a loved ones passing. Bless you in abundance. Thank you.
Thank you so much! I was just at the bank today for Mandallion signature, and then the bank told me I need to present them the small estate affidavit. I was like “What is that?” Thanks for sharing the information. 🙏
Thank you for this. So very helpful. I’m dealing with an unexpected death of my last remaining relative. I am Executor and beneficiary, and have no idea what I’m doing. This helped so much.
Hi Grant! Just wanted to say "thanks" for this video. My circumstances are slightly different, but your information is incredibly useful! I have contacted a number of attorneys in Los Angeles (where my uncle resided) and most of them would not answer my questions, even when I offered to compensate them for their time, due to my uncle's estate value being well below the $166,250 threshold. Reading the information from LA County Probate Division is like reading a foreign language! Your information is quite succinct! Thanks again!
You have no idea how much you have helped me out by making this video... All i need basically was someone to translate and help on what i need to write on the affidavit. ❤❤❤
Wow amazing work. This is the power of the internet, being able to spread knowledge and teach others. This helped me an amount I can’t use a word to describe. Thank you
Thank you for passing the information I have been seeking help for a year on my father's "simple estate".
THANK YOU SO MUCH FOR GUIDANCE ON FILLING THIS OUT CORRECTLY! I have been helping my son after his father passed. I appreciate all the explanations for each line and notary form.
I stumbled upon your CZcams’s. I absolutely love the tutorials. You explain everything throughly. I’m surprised you don’t have more subscribers for such valuable information. Thank you Grant. Please continue to put out more content. I would love to know more about what I should do when a spouse has not yet done a living trust because he is lazy to do it and we have 3 properties and he has kids. I am listed on all of the properties. Can you give me any suggestions on what paperwork I can fill out if something happens to my husband and the vultures (his boys) want a piece of the pie of our properties without a living trust. Thank you Grant
Thank you for this information. I had no idea how to obtain an affidavit of death. The form you supplied below and your video were very helpful.
Very knowledgeable and informative video. Thank you so much for the clarifications!
This was an excellent explanation about the process
Thank you! I do this form so much and get so many questions about it, I thought I'd just help everyone out by walking through it. Glad the vid is useful.
This was really helpful. Thanks for making it.
One thing I'd add is some folks might be able to electronically transmit the documents. One of the largest financial firms (brokerage, massive ETF/mutual fund ops, trust department, etc.) only wanted scanned, electronic copies of the death certificate and affidavit rather than the originals, even when I offered to either mail or take the original death certificate to a local branch office. All I had to do was fill out the form (a pdf with fillable fields was found on the internet), sign it, get it notarized, scan it, and then attach it to an email to the brokerage contact person. It couldn't have been easier, especially with Grant's very helpful video. Thanks again!
Thank you so much for this invaluable information
Great video. Your information was very helpful.
You are an amazing man , I can't thank you enough for this
This was very helpful. Thank you!
There are alot of broken hearts here. I am sorry for your losses
Thank you for acknowledging that. We are dealing with immense grief on top of all of this estate, legal stuff. It’s so overwhelming sometimes, and people tend to forget that we are suffering immensely.
Thank you so very much this was extremely helpful!!!!
This helped me out a great deal. Thanks.
Easy to understand! thank you!
Very useful and thank you!
Thank you so much!
THANK YOU!!
Thank you for your Info
Helpful
Thank you 😊 💓
Thank you Thank you!
Thank you!
Thank you.
Hello. This was very helpful. Long story short... My grandfather recently passed away & left IRA/annunity, one of the beneficiaries listed was my mother ( who had passed away in 2016). They said we need to fill out the small state affidavit. On the affidavit, would I name my grandfather or my previously deceased mother on the affidavit as the decedent?
Thanks
Hi Grant thank you so much for passing the information along to us. I have my father's will naming me daughter/executor. I am trying to find out if my bank had a right to close our joint account with my father after I reported that he passed. I was POA and was in process hiring an estate attorney at request of my late father, I was in process of paying his debts as I had been doing as his POA. Problem is I can no longer access "estate" funds since bank closed the account. Therefore I cannot afford to hire the legal representation with no funds to do so. I have no access to the the incoming funds since the account was closed and I do not have a letter of testamentary yet since I cannot afford to hire attorney to move forward with funds locked up. ugh
if you are the beneficiary on the account, send the death certificate to the bank and they will release the funds
Hi Grant, thank you so much for sharing. I send a notarized Affidavit to TD Auto Finance in regards of my brother's car but, they still need the court seal, my question is if I can go to the court whit this document and get it stamp?
Hello Grant,
Thank you for this video! I have 2 short questions.
My father RIP left less than 5k in his account.. once I fill this form out and get a notary, do I take it to the bank directly or do I have to go to court first?
Also I have sisters that live in Texas, do they need to sign this form as well or can i be the only person that signs?
Question. Regarding the Jurat form. I see that the cali website Jurat form is missing the (Under penalty of Perjury) section yet the one that says (acknowledgement) does have this section. I also noticed this in this video so im a bit confused. Thank you for posting this valuable information.
Hello Grant, Thank you so much for your thorough explanation! It's very kind of you to have donated your time to do this video. Kudos! I do however have a question. If I'm using this form to be able to transact checks in the deceased name, eg. Return of premiums from auto insurance and apartment security deposit return, for #6 on the new form dated 1/1/2020, should I list each check separately or use verbiage stating any check made out to the deceased name? Many thanks, Joel
Hi Joel, have you received any reply from Grant? How did you fill out that section?
@@tuyenchung987 Hello Tuyen, No I’ve never had a reply, but what I did was filled out by writing in each check and from whom and the amount. Example: Checks, AAA $900, XYZ Corp. $400, NCR Corp. 220.39, and so forth. I then had it notarized and the the bank accepted it and all was fine. Best of luck to you. Joel
@@joelcordeiro2079 so the bank let you cash those checks from your own account? The bank doesn’t required decentent must have an account with them? Please help thanks !
@@tuyenchung987 Hi Tuyen, What I did was open an account with the bank of which I was later going to deposit the checks. A week later I took the notarized affidavit to the bank and the checks to deposit them, not cash them! You want the bank to be comfortable that you’re not possibly setting them up. The manager usually has a limit so he or she does not need corporate approval, thus I kept that deposit within her limit of 5,000.00 and deposited them. You can always do more later if needed. BTW, to make her more comfortable, I brought the death certificate which was required, the will of my friend and any other legal papers just in case. My deposit was smooth and no issues.
@@joelcordeiro2079 Hi Joel, so you opened the bank account under your name only?
Thanks! Funny too.
Thanks so much for your information I have a question ? if you're doing a spousal petition which category would this go in? Or if you have completed a spousal petition.
i’m a new private investigator in california, the decendent passed so there’s funds pending. Do I contact the Siblings and have them fill out this form? For #3 which option would I check in if im charging the 10% fee for helping them out?
Once signed where do funds go to my account and then I have to distribute it to everyone? Bank told me I need to be listed as executor with county but it sounds like this form would replace that correct
Does this form take the place of the DE-315 form or is it in addition to it?
Very helpful!! How do I avoid having a sibling if the deceased didn't want one of the siblings to have any part of this? Would POA work still at this point? Or is that void after the person passed away? Really struggling with having to name all names specially when that person punched the father in the face and broke his nose and hurt him blaha blah
as a general question : there are only 2 lines at the bottom can 3 more lines be created for signatures?
Thank you for the info. I have question about #7 on the affidavit. If 4 adult children are the successors, do they all have to be listed and sign the form? Or can 1 or 2 of them sign and then divide the $ evenly from the account? Is there a preferred way to handle? since we do not all live close by, it would be difficult to have all 4 adult children sign this form.
Do the documents have to be signed at the court house
Hi Grant, my cousin past away he was also my roomate and his mom and brother are in Mexico! I went to Chase bank and they gave me the forms from the video however they don't explain anything! I'm i able to claim access to his bank account being his Cousin and roomate with this forms?? His mom (my aunt) his brother and my even my mother all agree that i should claim bank account access but i just don't know if its legal for me since my cousins mom (my aunt) is a live however she is in Mexico. If you can please reply
(Not legal advice obviously) just write an opinion i appriciated. Thank you :)
Great information! Thanks. Can I check the box on line 8 for section 13051 if I am the successor trustee for her trust? The bank account I am trying to access was not in her trust before she died, just in her name without a beneficiary named. She left 4 children. The distribution to her adult children would be done through the trust. Also, I would name the revocable trust on item #7.
What happens if the heirs live in california, decedent has second home here, but was resident abroad and passed away abroad? Can heirs living in california still use this? Looking at question 1 - county of death question.
Do I need to be a legal executor when filling out a small affidavit?
How come the banks are hesitant to helping you deposit or open estate account when the life insurance check is below 166 Grande
What if there is a Last Will and Testament and the estate is under $ 184,000?
What if there is a Last Will with 2 Executors and not all the Executors agree to use the Small Estates Affidavit?
Must the Small Estate's Affidavit comply with the directions of the Last Will?
In other words, if there is a Last Will, can the person signing the Small Estates Affidavit give the money/assets out in violation of the terms of the Last Will?
Hi Grant, would firearms be listed on this form?
Hi Grant,
What do you do if one of the successors live in another country? Could they sign the affidavit separately?
I am also wondering the same question?
Is this document filed with the Clerks Office, the entity or both?
If only one Successor can you put all assets under Description of Property?
My father died in Poland but is a resident of California. Can I still use this form?
Where would I get the form?
What happens if a small estate affidavit is used to transfer assets which were assumed to total less than the $150,000, but we later find out that there is another asset that pushes the total over the limit?
This one can get tricky. I'd say to refer to local counsel.
Little confusing about the notary form. You say NOT to use the "acknowledgment" form. But rather the "gerad" ?
(Not sure how that is spelled). But you describe the form you need, as the form that has "penalty of perjury" on it. But that is on the form titled as "acknowledgment". Which is it ?
I believe Grant is referring to a notary form called a JURAT - this form has the "penalty of perjury" statement, and he suggested one use that instead of the "Acknowlegement" form that is attached to the pdf online.
Do mutual funds count as real property?
My mother was the beneficiary in my brother's probate. She has since passed and the residual assets are less than $150K. Will this form work, or will do I have to notify the court in Sacramento that she has passed? Thanks.
Not legal advice. It is likely that the order from the probate has an "omnibus" clause in it that says any assets not handled in the probate are to be distributed as per the probate order. Usually using that order will get the funds disbursed. You can get a copy of the order by contacting the Sacramento Probate Court.
Grant, what if the deceased person died overseas but was a resident of california?
Where Can I get this form?
Hi Grant can you pprovide links to the escalation process to use and/or the template letter to be used in this situation?
Not legal advice. This language works for me: Dear [financial institution]
[Decedent’s Name] has passed away and the total value of her estate is less than $166,500.00. I am presenting you with a Small Estate Affidavit to transfer Decedent’s property from [state account w/specificity, ie Bank of America Checking Plus Account 35325325325] to Decedent’s successors in interest.
Please be advised that California Probate Code§§ 13100- 13115 provides for a summary procedure to transfer property owned by a decedent to a claimant when the value of the decedent's estate is less than $166,500.
When presented with an Affidavit complying with California Probate Code§§ 13100 - 13115 and a Certified Death Certificate, the holder of the property of the decedent is required to deliver the property to the claimant. Included in the Affidavit is a hold harmless clause that will indemnify the holder of property against any and all claims that the holder of the property wrongfully transferred the property of the decedent to the claimant.
California Probate Code § 13105(b) provides a remedy if the holder of the property refuses a demand for transfer to the claimant after the required papers are presented. The claimant may file a lawsuit or a petition in the probate court seeking an order directing the holder to release the asset if the property holder refuses to pay, deliver, or transfer the decedent's assets within a reasonable time. Part of the remedy is a mandatory award of attorney fees if the court finds that the property holder acted unreasonably.
@@granttoeppen158 Hi Glenn, I noticed in this letter it states 166+ instead of the 150,00.00 Is there a reason for this? Thanks again for your video.Also, How do we sign this?
@@TeenieTinyToni I have been researching how to conduct small estate affidavit as well as my uncle died last year in California but his successors live in Maine. Talk about confusing! California changed the amount of the real and personal property under Section 13050 of the CA Probate Code does not exceed $166,250 (no longer $150,000 - it appears that Grant created this video two years ago and that bit changed.
@@TeenieTinyToni The allowed amount was increased although I'm not sure exactly when that happened
If no probate, do a waiting period of 40 days needed? I was told no waiting period if there is no probate in California, I'm confused. LOL
This information has been very informative, however what happens when the person dies abroad? In my situation my parents both passed away while traveling to Mexico. The affidavit doesn't offer an option to list a death occurred outside of California. The form is set up to assume the death occurred in the State of California. Is there a separate form that needs to be used to state the death occurred elsewhere? All I am trying to do is close a bank account that belonged to my father. Any feedback from anyone is appreciated.
Hey, sorry for your loss. I'm in the same situation, did you find a solution by any chance?
Did you ever get any information on this i am in the same situation.
I am in the same situation, any information would be appreciated.
Life Insurance company is telling me that I need court documents naming the estate representative. Estate value < $40,000
That's usually just a form letter they try to stuff down your throat. Small estate affidavit should work in that circumstance.
Why are we looking at a document that DOES NOT read AFFIDAVIT OF SMALL ESTATE?? CONFUSING...
Small property means small estate
Hello Grant,
Thank you for this video! How would I obtain this form? My mom passed in Los Angeles county, but I live in WA state, so with the pandemic have been unable to obtain possession of her bank account. Her bank said exactly what you said they would say and have asked for letter of administration or testamentary even though I sent them her will and trust documents. Could you point me in the right direction to get this form? Thanks again!
Not legal advice - but typically you need the bank account number and a completed Small Estate Affidavit. Here's a link to the form: saclaw.org/wp-content/uploads/2015/01/form-affidavit-for-collection-of-personal-property.pdf
Or if you didn't have a trust or a will
I am asked to handle my friends Probate court but before he did he had a Civil case. The civil court Judge ordered to go to Probate court there are assists. My friend had a will and a living trust, which he did not have property in the estate upon his death listed in the will and trust; but he was a joint tenant in a house with his fiancé, which she and whoever she worked with had changed in after his death to solely have her name on the DOT. According the his trust/will showed that his girlfriends gets everything. Other real and personal property was dispersed to his heirs according to his will /trust. So the question is : What/Which forms to file to Probate when there is NO MORE property real / personal remaining in the careering ? ZERO.
You can email me private or in this chat your concersns, ETC
Thank you so much!!!!