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I understand the banks have their own small estate

Customer Question
I understand the banks...

I understand the banks have their own small estate affidavit. I have tried to find out if Citibank has their own, I am having no luck How do I find out

Lawyer's Assistant: Estate laws vary by state. What state are you in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

I have my moms will and need to close her citibank account I know i have to wait 40 days and her estate is less than $150,000

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just need to know where to find the correct form for CA

Submitted: 4 months ago.Category: Estate Law
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Answered in 5 minutes by:
3/8/2018
Estate Lawyer: RayAnswers, Attorney replied 4 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,209
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Here is the form you need.Complete it , sign it in front of notary and send it toe the bank here.This should do it, this form is recognized by California.

https://saclaw.org/wp-content/uploads/2015/01/form-affidavit-for-collection-of-personal-property.pdf

I appreciate the chance to help you tonight.I wish you the best.

If you can positive rate 5 stars it is much appreciated.

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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Reference

Using the Affidavit to Transfer Personal Property

Once you know the value of the property is $150,000 or less and you personally qualify to use the affidavit process, follow these instructions. But keep in mind you must wait at least 40 days after the person dies to transfer the personal property. And, remember, you cannot use this affidavit process to transfer real property like land or buildings.

To use to Affidavit process:

  1. Fill out the Affidavit.
    Many banks and other institutions have their own affidavit. So, check with them first and ask for one. Your court's self-help center may also have this form or a sample you can use to guide you.
    • You can list all assets in 1 affidavit. Or you can do one affidavit for each asset.

     

  2. Attach (to the affidavit):
    • A certified copy of the death certificate of the person who died.
    • Proof that the person who died owned the property (like a bank passbook, storage receipt, stock certificate).
    • Proof of your identity (like a driver's license or passport)
    • An Inventory and Appraisal (Form DE-160) of all real property owned by the decedent in California. You will need to get this form signed by a probate referee. If there is no real property, then you do not need this form.

     

  3. Have the affidavit notarized.
    Legally, you are not required to have the affidavit notarized BUT many institutions will ask you to, so it is a good idea to notarize it before you try to use it to transfer the property.

     

  4. If there are other people entitled to inherit the property, they MUST also sign the affidavit.
    This shows you all agree that the property listed on your affidavit can be transferred to you.
  5. To have the property transferred to you, give the affidavit to the person, company, or bank that has the property now.
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Customer reply replied 4 months ago
should I check the Citibank first to see if they have their own form, before I use the form you listed. I would not want to pay for notary then have the bank tell me they have their own form. I have to say before my mom passed away, I had her power of attorney and the bank was not cooperative at all
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

You can but most banks tell you to find your own.This one is legal for California.They should honor it without question.You will need certified copy of death certificate too.

Thanks again it was my pleasure to help you, so sorry for your loss here too.

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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Thanks for rating 5 stars at top of page.

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