Overview of a probate case Open a case. You (the person who starts the case) are called the “petitioner." You must file forms with the court to “open probate.” You file a Petition for Probate (form DE-111) along with other court forms. Administer the estate. Close the estate.
Surplus funds usually get distributed first to subordinate lienholders in order of priority and then to the former homeowners (borrowers). So, you might have the right to claim the surplus funds after your house is foreclosed, particularly if you don't have any other liens on your home.
You must file a claim with the State Controller's Office. If your claim is eligible, you will be given the option to file electronically after you have entered the requested information for your claim. If a paper claim is required, the site will provide instructions on how to complete that process.
Steps to Claim Surplus Funds from Foreclosure Verify the Existence of Surplus Funds. Contact the representative or the attorney managing the forfeiture. Submit Your Claim. Once verified, you may need to file a request with the trustee. Wait for Review. Receive Your Funds.
Californians may inquire about unclaimed surplus funds with the California State Controller at 1 (800) 992-4647. Remember: prior homeowners are notified of possible surplus funds via mail. It is important for you to report a forwarding address with the U.S. Post Office once you vacate the foreclosed property.
California law requires corporations, businesses, associations, financial institutions, and insurance companies (referred to as “holders”) to annually report and deliver property to the State Controller's Office if there has been no activity on the account or contact with the owner for a specified period of time ( ...
Generally, in California creditors of a decedent's estate have up to one year (365 days) from the decedent's death to file a timely creditor claim. The claim must be filed inside an open probate court proceeding.
Please contact the Unclaimed Property Division by telephone at (916) 323-2827 for further instructions. Also, if you are filing a claim and know there are multiple owners on the account, please note that each owner/ claimant must sign the claim form and submit the required documentation.
Can You Sue A Deceased Person? The short answer to this question in California is yes. Two sets of California statutes set out the applicable law under these circumstances: Code of Civil Procedure Sections 337.40 through 377.42; and Probate Code Sections 550 through 554.