QUESTION
am i required to file a small estate affidavit and if so how do i obtain one?
Asked on Mar 09th, 2021 on Wills and Probate - California
More details to this question:
i received a letter from a life insurance company asking to fill out a transfer of ownership form, which they provided, and possibly a properly executed small estate affidavit, if required but am not sure if i need to or where to obtain one. it says to contact the clerk of the probate court in the county where my mom resided(San Diego) but they couldnt tell me anything except to get the form from the website. ive searched the website but cannot find it. what are the proper protocols in the state of california?
2 ANSWERS
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If you are a designated beneficiary on the life insurance policy, no small estate affidavit should be required. The insurance company should provide you with the forms needed to transfer funds to you. If, however, there is no designated beneficiary, a small estate affidavit would be required if you are the intestate beneficiary or beneficiary of a Will or Trust. Any probate/trust administration attorney should be able to prepare this affidavit for you. Since this is a fairly straight-forward document, it should not cost much, and would be an opportunity to speak with an attorney to make sure that there is nothing else you need to do for any other assets that may have been held by the deceased individual.
Answered on Mar 10th, 2021 at 7:20 AM
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Please contact a probate attorney who practices in that county. Not only can that attorney find the form for you, he or she can advise you how to complete it, and who must sign before a notary swearing as to its contents, increasing the likelihood that the judge will issue an Order approving it.
Answered on Mar 10th, 2021 at 5:14 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.