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What court would i file an action to enforce CA Probate 13100? Civil or Probate?

Palm Springs, CA |

Bank will not accept affidavit to release fire insurance money. 13105b allows for an action. What court should I file in? Probate court or Civil court?

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Attorney answers 4

Posted

It is rare a bank won't accept a properly completed 13100 Declaration for amounts valued at less than $150,000. You might want to have it reviewed by an attorney before you go through the time and trouble filing a court action. If you must file a court action, file a Petition to Determine Entitlement stating the facts of the matter, the bank's response and asking the court to deem the property yours.

Asker

Posted

What court should I file the action? Probate court or Civil court?

Christine James

Christine James

Posted

It would be filed in probate court. It is a lengthy process and there is a filing fee of $435. I want to again recommend having an attorney review the documents. An hour of an attorney's time to review the paperwork you submitted and to see if you can get the money distributed without going to court would be much faster and much cheaper.

Posted

Please see the following link - http://www.courts.ca.gov/superiorcourts.htm

You may need to consult with an attorney.

Mr.Scalise may be reached at 805-244-6850 or by email (caig@scaliselawfirm.com). My responses to questions posted here intended as helpful legal information not legal advice. The information I post does not create an attorney-client relationship. Mr. Scalise is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him/her. Mr. Scalise provides “unbundled” services for specific assistance with a specific issue.O work with clients throughout California.

Posted

I would hire probate counsel right away to help you. Other cousels here have given you great advice.

Posted

I suggest you seek legal counsel before going into probate court. Some banks and insurance companies from the East Coast will only accept "letters and orders" from the probate courts here, even if the value of the estate is under $150,000 which our California laws say does not need a formal probate.

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