Detailed Answer
After a person dies, California law vests control of their assets—including bank accounts—only in a court-appointed personal representative. If co-heirs refuse to cooperate, you must ask the probate court to intervene and issue official documents that compel financial institutions to freeze or turn over the decedent’s accounts.
1. Open a Probate Case and Obtain Letters
File a petition for probate in the county where the decedent resided. Under Cal. Probate Code §8000, your petition must include:
- A certified copy of the death certificate
- The petition for probate naming you as proposed personal representative (Form DE-111)
- A Schedule of Assets and Debts listing bank accounts, account numbers, and balances
- Names and addresses of all heirs and anyone with a financial interest
- A bail bond if the court requires one (Prob. Code §8480)
Once the court grants your petition, it issues Letters of Administration or Letters Testamentary. Present certified copies of those letters plus a death certificate to the bank. Cal. Probate Code §9102 authorizes the financial institution to freeze the account and deliver funds to you as the personal representative.
2. Use a Small Estate Affidavit for Modest Accounts
If the entire estate’s value is under $184,500, you may skip probate. Under Cal. Probate Code §13100, you can present a Small Estate Affidavit along with a death certificate directly to the bank. Banks typically freeze the account upon death but will release funds when you show the affidavit.
3. Seek Court Injunctive Relief
If co-heirs are withdrawing funds, request a protective order. File a motion under Cal. Probate Code §850 for an injunction or order to preserve estate assets. The court can bar any disbursement until it decides rightful control.
4. For Trust Accounts
If the decedent held funds in a revocable trust, present a Certificate of Trust or Trustee’s Declaration showing the successor trustee’s authority. Banks honor these under Cal. Probate Code §16061.7.
Helpful Hints
- Order at least five certified death certificates from the county recorder.
- Inventory all bank accounts, safe-deposit boxes, and electronic funds.
- Verify the small-estate threshold before choosing an affidavit process.
- Serve all interested parties with notice to avoid delays and objections.
- Keep clear records of every asset you secure or freeze.
- Consult a probate attorney if you face contested claims or complex assets.
Disclaimer: This article provides general information under California law. It does not constitute legal advice. Always consult a qualified attorney about your specific situation.