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How to get Letters Testamentary in CA appointing me as Executrix
Anonymous1 views3 answers
The estate of my elderly friend is broke. She has been on Medical for several years- no real estate, no money, nothing. But she does have a safe deposit box that she told me has some papers and her sister's ring. As executor of her will, I would like to open the box. Do I need Letters Testamentary appointing me as her executrix or can I just show the bank a copy of the will & death certif? How much would it cost to get the Letters Testamentary in CA? Can I do it myself? This would be coming out of my own pocket, so I'd like to keep it simple. Thank you.
Ask the bank what they need for you to open the box. Then get it. You can file for Letters yourself, but opening probate will cost you money. See weblink for form DE-111.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Most states have some sort of small estate procedure (a "Small Estate Affidavit") for estates where there isn't enough value to merit an entire probate (which is what you'd have to go through to get Letters Testamentary). While I am only licensed in Colorado and am not familiar with California law, I just did a Google search and located information that you can use a Small Estate Affidavit in California to collect property if you meet certain criteria and the total estate value is less than $100,000. Sounds like it's worth checking that out. Under most circumstances, if your friend's estate qualifies, the bank should accept the Affidavit.
All the best,
~Catherine
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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
This can be a frustrating and tedious process. In addition to everything else that has been said here, what is required by you is patience and a smile when you deal with the bank. Asking them specifically what they need is the clear first step. You do not need to file a probate. A small estates declaration (CA Probate Code section 13100) together with the original will and an original Certificate of Death is all that you should need.
Many counties have legal aid societies such as Alliance on Aging which can be located online. They will assist you without charge and help guide you through the process.
