Skip to main content

What type of action would you file to enforce small estate affidavit for collection of money when bank will not accept affidavit

Huntington Beach, CA |

real property apprasied by probate referee at $27,000. Affidavit filed and recorded and presented to bank. Bank refuses to recognize affidavit. what action or petition would be filed to enforce affidavit?

Attorney Answers 4


  1. You are asking about two different affidavits and it's a little confusing. If you presented the bank with an affidavit for collection of money and they refused to accept it, inquire what the problem is and what it will take for them to release the funds. If you presented them with an affidavit for real property, they will not recognize that.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  2. Ms. Reed has hit on the issue in your question. Why do you want the bank to recognize an affidavit regarding real property? The bank will only recognize an affidavit for money that they hold in an account for the person who died where the affidavit specifically addresses the person who signed the affidavit is entitled to that money. If you are trying to transfer title to real property, you do that ant the county recorder's office, not the bank.


  3. I agree with my colleagues. This sounds like an unusual situation. In my state, a bank usually WILL recognize a small estate affidavit, but they are not required to do so. Sometimes, going to a different branch will solve the problem. In your case, it sounds like there may be other issues involved. An attorney would probably be a good investment, even if it requires purchasing an hour or two of time.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  4. As my colleagues point out, not clear what the bank has to do with real property appraised by the probate referee. Also, how and why did you get a probate referee to appraise real property if you are not in a formal probate?

    The real property affidavit for proper under $50,000 is different from the 13100 affidavit for personal property . In addition, that affidavit is recorded against title. The Affidavit is a Judicial Council Form DE-305 - See Also Probate Code Section 13200

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

Probate Topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics