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Can I use CA small estate affidavit even though there is an executor named

San Jose, CA |

Brother died, had a will but executor was an agency now closed (I have called & emailed) I want to
be reimbursed from his bank account of $3000 or so for cremation expense and give balance to heirs of his will (another organization or religion). Total value of estate is bank account. No other property.

Attorney Answers 3


  1. Best answer

    Yes as long as you are the person entitled to receive the estate by law. If he had no wife, children or parents, you can prepare the affidavit and have the money distributed to you. If he had a wife, children or parents, you can still do the affidavit, but you have to distribute it appropriately per the laws of intestacy in CA which is wife, then child(ren), then parents, then siblings.


  2. Yes, this can be done, as long as an estate has not been opened. Under the limited facts presented, a small estate sounds appropriate.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. I agree with attorney Frederick. If you are an heir and no one else has stepped forward to open probate, you can use the small estate procedure provided that amount in the bank account is within the required value for administration of small estates.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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