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.
Please see the following link - http://www.courts.ca.gov/superiorcourts.htm
You may need to consult with an attorney.
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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.