[CA] How do I use the small estate affidavit to collect on an IRA?
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In California, here’s how to use the small estate affidavit (California Probate Code § 13100):
Gather documents:
- Certified copy of the death certificate
- Proof your husband owned the property (bank statement, IRA statement, etc.)
- Proof of your identity (driver’s license or passport)
Fill out the affidavit:
- Ask the institution if they have their own version. If not, use the California statutory form.
Attach supporting documents:
- Certified death certificate
- Proof of ownership of the asset
- Proof of your identity
- (Not needed here, but if real estate was involved, you’d also need an inventory and appraisal.)
Notarize the affidavit:
- Not legally required, but most institutions will require notarization.
- If there are other heirs entitled to inherit, they must also sign.
Submit the affidavit:
- You don’t file it in court.
- You take or send the affidavit, with attachments, directly to the institution that holds the IRA.
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What is the process for the small estate form? My husband has been deceased for over one year. Our trust has been administered. I just found out about an IRA (approximately $2,500) and am trying to obtain those funds. He died in Mexico while on vacation. What do I do with the form once it is filled out?
Have you already completed the form?
Not yet. I was about to download it but wanted to know what to do with it once I’ve done that.
Do you have a copy of the trust document that was administered after your husband’s passing?
Yes. I have a copy of the trust. It’s a joint trust with all of his belongings and accounts, with no beneficiaries defaulting to me.
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. Could you let me know what state you are in?
Hi, I’m in California. My husband died in Mexico while on vacation. All of his earnings, etc. were in California as well.
In California, here’s how to use the small estate affidavit (California Probate Code § 13100):
Gather documents:
- Certified copy of the death certificate
- Proof your husband owned the property (bank statement, IRA statement, etc.)
- Proof of your identity (driver’s license or passport)
Fill out the affidavit:
- Ask the institution if they have their own version. If not, use the California statutory form.
Attach supporting documents:
- Certified death certificate
- Proof of ownership of the asset
- Proof of your identity
- (Not needed here, but if real estate was involved, you’d also need an inventory and appraisal.)
Notarize the affidavit:
- Not legally required, but most institutions will require notarization.
- If there are other heirs entitled to inherit, they must also sign.
Submit the affidavit:
- You don’t file it in court.
- You take or send the affidavit, with attachments, directly to the institution that holds the IRA.
I’ve already provided the foreign death certificate. Should I send it again with the translated copy and the small estate form? Also, I take it this form does not need to be filed anywhere?
Yes, you should attach all supporting documents again (death certificate and translation). And no, the form does not get filed with the court. You just submit it directly to the institution holding the IRA.
Okay, thank you.
Glad I could help. Wishing you the best.
