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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55294
Experience:  29 years of experience practicing law, including tax and estate planning.
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I have to file an "Affidavit/Declaration for Collection of

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I have to file an "Affidavit/Declaration for Collection of Decedent's Deposit Account(s)" form with Bank of America here in California. My mother passed away on 5/31/12 and left behind a checking account, savings account, and Certificate of Deposit with BofA. My name was already on the checking and savings accounts, but not on the CD. I am asked to certify whether or not the "estate of the decedent includes real property in this state (other than real property held in joint tenancy or otherwise excluded in determining the value of the decedent's estate under California Probate Code Section 13050). An inventory and appraisement of such real property is attached in accordance with California Probate Code Section 13103."

My name was already on the deeds of two properties (her house in Oakland, CA, and my house in San Leandro, CA) that my mother and I shared joint tenancy. However, she owned a plot of land in Willits, CA (County of Mendocino) where only her name is XXXXX XXXXX deed. A recent Secured Roll Correction from that county recently appraised the land at $6000.

For the BofA form, do I have to file an "inventory and appraisal" for the Willits land? If so, would a copy of either the Secured Roll Correction or recent Tax Bill suffice? Or, must I include another form of documentation?

Thank you,
Sam Arucan [email protected]
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Unfortunately, since she owned the property only in her name, you would need to include the Willis land on the inventory of property. But, you don't need to go to the expense of an independent appraisal. The appraised value for tax purposes will suffice as documentation of its value.

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Customer: replied 4 years ago.

So, the "inventory and appraisal" I have to submit to the bank with their requested affidavit can just be a copy of one of the County forms noting the appraised value of the property?

Thank you for following up. Yes, that will suffice for these purposes.

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