There is a substantial amount of information about post-death processes and legal actions.
Here are some of them. I will be updating this to further clarify the things you should know.
In California, when a person passes away without a will (intestate), the process of handling their assets, including bank accounts, generally follows the rules of intestate succession. Here are some key steps and considerations:
- Obtain the Death Certificate: To initiate the process, you’ll typically need an official death certificate as proof of the person’s passing.
- Identify the Legal Heirs: California law determines the heirs of the deceased person based on their relationship to the decedent. Spouses, children, parents, siblings, and other relatives may be considered heirs in different circumstances.
- File for Probate (if applicable): If the value of the deceased person’s estate is above a certain threshold, it may be necessary to go through the probate process. Probate is a legal procedure to validate the deceased person’s will or determine the rightful heirs when there is no will.
- Letters of Administration or Letters Testamentary: If the court determines that probate is necessary, it will appoint an administrator or executor to oversee the estate’s distribution. The administrator will receive “Letters of Administration” (if no will) or “Letters Testamentary” (if there is a will), giving them the legal authority to handle the estate’s assets, including bank accounts.
- Notify the Bank: Once you have the appropriate court-appointed documentation (Letters of Administration or Letters Testamentary), you can notify the bank of the person’s passing and present the necessary documents to access their bank account.
- Gather Bank Account Information: The bank will likely require specific information about the deceased person, such as their account numbers, account types, and other relevant details to process the request.
- Distribute the Assets: After obtaining access to the bank account, the funds in the account will be distributed according to the rules of intestate succession or the terms outlined in the will if there is one.
- It’s essential to consult with a probate attorney or estate planning professional to navigate the process correctly, as dealing with a deceased person’s assets can be legally complex. Additionally, some smaller estates might be eligible for simplified procedures, such as a small estate affidavit, which could expedite the process in certain cases.
Always seek legal advice from professionals experienced in California probate and estate law to ensure compliance with the relevant regulations and to protect the interests of all involved parties.
- Funeral Arrangements: Organizing funeral or memorial services, burial, cremation, or other end-of-life ceremonies according to the deceased’s wishes or cultural/religious customs.
- Estate Administration: If the deceased had assets or properties, their estate may need to be managed and distributed according to their will or applicable laws of intestacy if there is no will.
- Probate Process: In some cases, the will may need to go through the probate process to validate its authenticity and ensure the proper distribution of assets.
- Informing Authorities and Institutions: Notifying relevant authorities, organizations, banks, insurance companies, and government agencies about the person’s passing.
- Closing Accounts: Closing or transferring bank accounts, credit cards, social media accounts, and other subscriptions or services the deceased had.
- Informing Family and Friends: Informing friends, family, and acquaintances about the person’s passing.
