Can we go to bank with will and trust docs to change over the bank account now, or do we need to file small estate affidavit (wait the 40 days) before we can access the bank accounts?
Answer I’m sorry about your mother’s death. If the bank account wasn’t in the name of the trust, you’ll need to wait the 40 days and file the small estate affidavit with the bank (the trustee of the trust can execute it). You can always try persuading the bank to let the trustee access the account before the 40 days have elapsed, but I’d be shocked if you succeed (on the other hand, there’s no harm in bringing the trust document to the bank with you and trying). If you need the money for your mother’s funeral or other “emergencies” related to her death, you can also file a petition with the probate court to have a special administrator appointed with the specific authority to access the bank account. This petition can be done on an “ex parte” basis (legalese for an action taken by one party without notice to anyone else and without a formal court hearing). Every court handles ex parte matters differently – for example, in San Mateo County you show up at 2:00 any day except Friday and a
