California Probate Documentation Requirements

Summary

In California probate cases, judges require more than just bank statements for financial accounting, often needing detailed documentation like receipts and invoices. Subpoenas for bank statements can be requested if necessary, but judges do not automatically issue them. The Freedom of Information Act does not apply to banks, so obtaining a deceased persons bank statements requires contacting the bank directly and providing legal authority, such as being the executor of the estate.

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Can I supoebna those Bank Statements?
In California, you can subpoena bank statements if they are necessary for your case. Consider the following:
- Ensure the subpoena is properly formatted and served.
- Provide a clear reason for the request.
- The judge must approve the subpoena for it to be enforceable.
Do you need guidance on how to draft and serve a subpoena?
Yes
To draft and serve a subpoena for bank statements in California, follow these steps:
- Use the appropriate subpoena form (e.g., Subpoena for Production of Business Records).
- Clearly state the documents you need and why.
- Serve the subpoena to the bank and any involved parties.
- Obtain the judge's approval if necessary.
Do you need further assistance with the specific forms or approval process?
Do California Probate Judges have to Supoebna Bank Statements?
California probate judges do not have to subpoena bank statements automatically. However, they can do so if it is necessary for the case. You might need to request the judge to issue a subpoena if you believe those statements are crucial for your financial accounting.
Do you need help with the specific process of requesting a subpoena?
Can I get my mothers deceased bank statements by ordering them under the Freedom of Information Act?
The Freedom of Information Act (FOIA) does not apply to private entities, such as banks. To obtain your mother's deceased bank statements, you generally need to follow these steps:
- Contact the bank directly.
- Provide proof of your legal authority (e.g., executor of the estate).
- Submit a written request with the necessary documentation.
Do you need help with drafting the request or understanding your legal authority?