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Mskaty042 Asked December 2020

How do you open an estate bank acct in CA?

My mom died 3 weeks ago. She has maybe 14000 in debt and no property, clunker car and we rent an apt. She received a pto and final paycheck made out to her estate. I have a handwritten “will” that says she leaves everything to me. I have her death certificate. I have read everything online I can find but I just don’t know next step. Someone said file for taxes number with IRS then go to my bank with will and certificate and open acct. Okay, but then what? Someone else said if I post obituary that’s enough to notify creditors and they have 40 days, in CA to try and take part of the money to her estate? How do they know to contact me. I’m just so confused and I know things need to be handled in timely fashion. I’m trying to pay her bills and mine, and I’m a single mom of a 17 yr. old who is doing virtual learning while I bust my behind at work all day. I feel like I’m drowning.

JoAnn29 Dec 2020
I suggest you go to Probate or call. If Mom has no assets, opening an acct may not matter. In my state, if the estate is under 20k you can get a short certificate to get to any accounts and deal with her bills, etc. An estate that small does not need to be probated. You keeping any money may not be questioned. You may not need a tax#.

Her debts you are not responsible for. I suggest any mail you get, you "return to sender" unopened with "deceased"on it too. I would not call the debtors. Then they get your info and then you get them calling you and harassing you for payment. I may consult with a lawyer and ask how you should handle telling the debtors that payment can't be made because she left no estate. If money is a problem, there's legal aid.

AlvaDeer Dec 2020
1st will tell you to relax. You have plenty of time. Most Estates don't settle for at least a year, often more. Next will tell you get a Lawyer. I only spent 500.00 to make my life so much more simple. The online form for IRS to get an EIN I found to be daunting so tried to get it snail mail with forms; in three months was unable (they plead Covid) and the Lawyer got it online in minutes. The Lawyer will answer the rest of your questions. You may not have to even file anything. You elder's Estate will stand to pay all debts until it is virtually gone; after that, there are no obligations; you will have tax filings. Get the advice of a Trust and Estate Lawyer. And again, nothing has to be all that timely. Some states even have waiting periods before anything can be done. Take a deep breath. You may not even have to file anything. The Lawyer will let you know. Take what paperwork you have with you. Keep all receipts; your Mom's estate pays for the Lawyer, that being reimbursed to you.

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worriedinCali Dec 2020
I’m very sorry for your loss. What you have been told about opening the estate account is correct-you need to go to the IRS website & request a tax payer identification number. Print out that document & take it to the bank with the death certificate and they will open the account for you. The obituary isn’t enough to notify creditors BUT here’s the thing. If there is no estate, you don’t have to do anything. You don’t have to become administrator of the estate. You aren’t responsible for your bills. You don’t have to notify her creditors. You can open the account & deposit the checks & use the money to pay for her funeral if it’s not already paid for. But other than that, if there is nothing to inherit except her personal belongings you don’t need to open probate or notify her creditors. You aren’t required to handle her estate.

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