Estate Law Questions? Ask an Estate Lawyer.
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As you have petitioned to be the executor, it is now your responsibility to distribute the assets, pay creditors, etc. for the estate. With no will, the estate will pass according to intestate succession (California state law). With no parents, wife or children, California law states that everything shall pass to the siblings. So yes, his brother should receive all the estate according to California law. The bank has no power to decide who gets what asset only internal rules on who they can release to (the executor). Depending on the size of the estate, you have the option to file a full probate or a small estate affidavit (worth $150,000 or less). See link for California forms and instructions: http://www.courts.ca.gov/10440.htm This option is much quicker and with less judicial intervention.
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