Q: Can a bank demand written statements for an account that does fall under Probate codes 13100,13101?

A: I can provide some general information about California Probate Codes 13100 and 13101, but for a specific situation, it would be best to consult with a probate attorney. Here are a few key points:

1. California Probate Code 13100 allows certain assets to be transferred to the deceased person's successor without a formal probate process if the total value of the estate is less than $166,250 (as of 2020).

2. Under Probate Code 13101, the successor can claim these assets by presenting a simple affidavit or declaration to the institution holding the asset, such as a bank.

3. The affidavit or declaration must state that the successor is entitled to the asset under the provisions of the Probate Code.

4. The bank or other institution may have its own requirements for the affidavit or declaration, but generally, it should not demand extensive documentation beyond what is required by the Probate Code.

5. If the bank is refusing to release the funds despite being presented with a properly executed affidavit under Probate Code 13101, the successor may need to seek legal assistance to resolve the issue.

It's important to note that not all assets are eligible for this simplified transfer process, and there may be other factors that complicate the situation. If the bank continues to demand additional documentation or refuses to release the funds, it would be advisable to consult with a probate attorney who can review the specific details of the case and provide guidance on how to proceed.