Death Certificate

[Jake4]

What is the name of your state (only U.S. law)? California

A friend recently died and named me executor and sole beneficiary in a will. He has no known family -- never married, no kids. His only assets are bank accounts, under the $150K threshold for simple administration. No real estate, car, or other personal property. I intend to sign an affidavit for collection of personal property per Probate Code 13100 to receive the funds in the bank account. However, an authorized certified death certificate is necessary, and not being a family member or attorney, I don't believe I can request copies of authorized certified death certificates. The only language I see that might make me eligible is "An attorney representing the registrant of the registrants estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant's estate." Is there such a statute that would apply to me in my situation?

If not, how would I go about getting death certificate copies?

Thanks.

 

[justalayman]

The will is meaningless until probate is opened and the will presented for validation. Once probate is opened and the will presented you apply to be named executor. Once appointed executor you will then have the authority to request death certificates.

 

[Jake4]

The will is meaningless until probate is opened and the will presented for validation. Once probate is opened and the will presented you apply to be named executor. Once appointed executor you will then have the authority to request death certificates.

The whole point is to avoid normal probate with simplified probate procedures for a small estate (under $150K, no real property).

 

[justalayman]

The whole point is to avoid normal probate with simplified probate procedures for a small estate (under $150K, no real property).

Given you have no legal relationship to the decedent it is real simple;

If the will is not in play you have no legal rights here. Only because the will names you as an heir do you have any rights so either put the will in play or walk away.

 

[Jake4]

Given you have no legal relationship to the decedent it is real simple;

If the will is not in play you have no legal rights here. Only because the will names you as an heir do you have any rights so either put the will in play or walk away.

This is not true. I have been advised that probate is not necessary and, in fact, would be rejected in the case of such a modest estate. As sole heir, I merely need to sign an affidavit stating as such and collect personal property (bank account funds) from the bank. As I discovered, only a “certified” death certificate is necessary (available to anyone in the form of an “unauthorized” death certificate) to do so, not an “authorized” certificate (also deemed “certified”), which is only available to successors, legal representatives of the estate, or appointed executors.

I followed the simple procedure and was issued all funds from all banks upon presentation of affidavit and death certificate.

Not sure why you would provide wrong advice, but I guess you get what you pay for, and you are "just a layman".

 

[justalayman]

This is not true. I have been advised that probate is not necessary and, in fact, would be rejected in the case of such a modest estate. As sole heir, I merely need to sign an affidavit stating as such and collect personal property (bank account funds) from the bank. As I discovered, only a “certified” death certificate is necessary (available to anyone in the form of an “unauthorized” death certificate) to do so, not an “authorized” certificate (also deemed “certified&#8221, which is only available to successors, legal representatives of the estate, or appointed executors.

I followed the simple procedure and was issued all funds from all banks upon presentation of affidavit and death certificate.

Not sure why you would provide wrong advice, but I guess you get what you pay for, and you are "just a layman".

You have nothing that makes you sole heir. If you do not open probate to validate the will it is nothing more than a blank piece of paper.

As to probate being rejected; obviously you have no idea what you are taking about as the court has no ideA what the assets are or what bills the estate must deal with until after probate is opened.

I cannot think of any legal way you obtains your friends assets.

Of course you paid all the estate debts too, right? And you will file a final tax return for the decedent and the deferents estate, right?

 

[Jake4]

Bull. You have nothing that makes you sole heir. If you do not open probate to validate the will it is nothing more than a blank piece of paper.

As to probate being rejected; obviously you have no idea what you are taking about as the court has no ideA what the assets are or what bills the estate must deal with until after probate is opened.

I cannot think of any legal way you obtains your friends assets.

Of course you paid all the estate debts too, right? And you will file a final tax return for the decedent and the deferents estate, right?

you are wrong. Read the California Probate Code Section 13100, 13101, 13006

In short, estates of decedents that do not exceed $150,000 do not need to be probated in California. An out-of-court affidavit procedure is used by a successor, who can be the sole beneficiary identified in a will. No documents are required to be filed with the court if this small estates procedure is used.

To answer your accusatory questions, he was not found in a cabbage patch. He was 95, never married, no siblings or children. Without a will, I believe his assets would transfer to the State of California. But none of that has any relevance to the situation at hand.

I cared for him for 15 years without compensation, including handling his financial matters. I know that he has no creditors, but would pay any debts from his funds just as I have paid all of his expenses for 15 years. I would file his final tax return if the federal government required it; however, he has not met the minimum income required to file for many years.

 

[justalayman]

In short, estates of decedents that do not exceed $150,000 do not need to be probated in California

correct but for a will to be validated and enforced, the estate does have to be probated, regardless of the value of the estate.

You seem to continue to ignore the fact that a will must be presented to probate for it to be anything.

and to your argument about 13100:

13100. Excluding the property described in Section 13050, if the
gross value of the decedent's real and personal property in this
state does not exceed one hundred fifty thousand dollars ($150,000)
and if 40 days have elapsed since the death of the decedent, the
successor of the decedent may, without procuring letters of
administration or awaiting probate of the will, do any of the
following with respect to one or more particular items of property:

it does not say in lieu of probating the will or without probating the will. It says; without awaiting probate of the will. That means you can take those actions prior to when probate concludes. It does not say you can skip probate.

 

[LdiJ]

correct but for a will to be validated and enforced, the estate does have to be probated, regardless of the value of the estate.

You seem to continue to ignore the fact that a will must be presented to probate for it to be anything.

and to your argument about 13100:



it does not say in lieu of probating the will or without probating the will. It says; without awaiting probate of the will. That means you can take those actions prior to when probate concludes. It does not say you can skip probate.

Come on...you are way over the top on this one.

He clearly did not have to do what you said he had to do...because he did not have to do it. His situation is resolved, why are you pushing a dead issue?

 

[justalayman]

Fu

Come on...you are way over the top on this one.

He clearly did not have to do what you said he had to do...because he did not have to do it. His situation is resolved, why are you pushing a dead issue?

he isn't finished.

Please show me a state that simply allows a non-relative to lay claim to a friends estate without a will.

Before you say California please show me a state that does not require the probate of a will to validate the will and give others the opportunity to contest a will before it is enforceable.



You do realize this guy simply wrote an affidavit claiming he was the sole heir. Who has even seen the claimed will?

 

[anteater]

Uh, he did say:

I followed the simple procedure and was issued all funds from all banks upon presentation of affidavit and death certificate.