[CA] Can I claim my deceased son’s bank account without probate?

CA Estate Probate

My 43-year-old son passed away on 8/22 without a will or trust. He had money in a bank account that needs to be retrieved. We were told to complete a DE-300, but we also need proof of ownership. As his father, is that enough proof since he had no wife or children?

January 15, 2026

Andres Sanchez

22,292 satisfied customers

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Here’s how this works in California:

The DE-300 (Petition to Determine Succession) is used when the estate is under $184,500 and a court order is needed to transfer property. For bank accounts, many banks instead accept a Small Estate Affidavit under Probate Code §13100 if:

40 days have passed since death
The estate is under the threshold
You provide a certified death certificate

Some banks still require a court order, so it depends on the institution. As for proof of ownership, under California intestate succession law, parents inherit if there is no spouse or children (California Probate Code §6402(b)). If the child’s mother is alive, she would inherit equally with you. Proof usually includes:

Your son’s death certificate (California Probate Code §13101(d))
Your son’s birth certificate showing you as his father
A Small Estate Affidavit or court filing listing all heirs

Next steps:

Ask the bank if they’ll accept a Small Estate Affidavit
If not, file a DE-300
Be prepared to list all heirs, including the mother if she is living

California Small Estate Affidavit Form

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Lexi, Chatbot

Where are you located? Laws vary by state.

California.

Lexi, Chatbot

Has anything been filed yet?

Not yet.

Lexi, Chatbot

Is there anything else the estate lawyer should know before I connect you?

Not sure what else is required.

Andres Sanchez

Hello, I’m Andres Sanchez. I’m very sorry for your loss and I’ll help explain how this works in California. How are you holding up?

About as well as can be expected. Hanging in there.

Andres Sanchez

Here’s how this works in California:

40 days have passed since death
The estate is under the threshold
You provide a certified death certificate

Your son’s death certificate (California Probate Code §13101(d))
Your son’s birth certificate showing you as his father
A Small Estate Affidavit or court filing listing all heirs

Next steps:

Ask the bank if they’ll accept a Small Estate Affidavit
If not, file a DE-300
Be prepared to list all heirs, including the mother if she is living

Thank you for your time and expertise. I appreciate it.

Andres Sanchez

My pleasure. I wish you the best.

Andres Sanchez

22,292 satisfied customers

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