There’s a small bank account that belongs to an individual who has passed away. You plan to get the money withdrawn, but you want to avoid any time-consuming hassle. Therefore, the logical question one would have is: how do you retrieve it without going through the probate process? There are two ways in which you can evade the clutches of the nefarious probate court. One of them is through the Decedent Successor Interest Affidavit (PC598).
The Decedent Successor Interest Affidavit can allow individuals to access the bank account if it is under a certain amount of money. As of 2019, that amount is $23,000. So, we can just go to the bank account and make the withdrawal, correct? Well, no, actually. There are conditions that must be met in order to access the account. One of these conditions is that 28 days have passed. On top of this, there cannot be any probate court procedure related to the decedent that has begun. If you are looking to obtain the Decedent Successor Interest Affidavit, we have it right here for you. Part of our job is to make sure that this transition for you and your family goes smooth, with no quarrels.
As for the second way in which the account can be accessed, you can open what’s known as a Small Probate Estate. By doing this, you will be able to quickly open and get a court order. But why would you want this if you can utilize the Decedent Successor Interest Affidavit? The answer is because of what could be hindering you from gaining access. It could be the real estate, or some other sort of basis that the bank won’t allow you to access without a court order.
Now regardless of what form you choose, these will allow you to gain access to the account without having to go through the arduous probate procedure.