Sunday, November 15, 2009

How do i go about getting a letter from the court naming me incharge of my deceased aunts estate?

ok heres the deal my aunt who raised me recently passed away, she had no kids and her husband passed before her.im trying to close her bank accounts but the bank says i need a letter from the court saying im incharge of her esate.plz help.

How do i go about getting a letter from the court naming me incharge of my deceased aunts estate?
Google small estate affadavit for your state, should just be a form you complete, notarize and provide to the banck with a death certificate and affadavit of domicile(meaning where she lived you pay the tax, they are not responsible), which they will provide
Reply:It depends how big her estate is. These are generally referred to as Letters Testamentary basically naming you as Administrator (if there's no will) or executor (if there is a will) of the estate. This gives you the authority to handle the estate and close it out. If there are not many assets, then you probably won't have to go through the full procedures. The estate court clerk at the courthouse can probably help you with this. If it gets complicated, or there are a lot of assets, you may have to go to an estate attorney.
Reply:You need to add what state you are in so that any attorney looking in here will be better abel to answer.





In CA any estate with more than $100,000 in assets must go to probate. Any property such as a home, car, stocks, bonds, IRA, etc needs to be totaled up. CA does not use the value of a mobile home. If probate is required you have to go to a probate attorney. If not there may be a way. CA has a form to claim assets.





Affidavit for Collection of Personal Property


California Probate Code13100.





If you have any siblings they are just as entitled as you.





Had to do this recently when my sister passed.





I found this on the states web site. Try doing a search "CA code" is how I found CA law online. Just sub in your state and look thru Probate. It did not take more than 30 minutes to find this.





For all the other things like Cable, garbage etc I called and then followed up mailing a copy of the death certificate. Even the bank, She was already overdrawn so it was not hard.





Good Luck
Reply:call the courthouse and you need her will I dont know if you will need a lawyer
Reply:Could contact courthouse and see what they can do for you


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