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

Asked over 1 year ago - 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?

Attorney answers (4)

  1. Christine James


    Contributor Level 19


    Lawyers agree

    Answered . 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.

  2. Craig Martin Scalise

    Contributor Level 12


    Lawyers agree

    Answered . 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... more
  3. Jacques Tushinsky-Fox

    Contributor Level 12


    Lawyers agree

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

  4. Sandy L. Turner


    Contributor Level 6


    Lawyer agrees

    Answered . 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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