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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?

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Attorney answers 4


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.

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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.


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

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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

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